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First  Gfirerrwrflf New -fyrk. 

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lifk  V  HAdn,  77JJ&USMIJPW 


LIVES 


01 


THE    GOVERNORS 


OF    THB 


STATE   OF  NEW  YORK. 


BY  JOHN  S.  JENKINS, 

AUTHOR   Or  TH*   "HISTORY   OF   THE   WAR   WITH   MEXICO,"  "  POLITICAL 
HISTORY   OF   NEW   YORK,"   ETC.   ETC. 


*  8uum  cuique  tribuem." 


AUBURN: 

DERBY    AND    MILLER. 


1851. 


.A.C? 
t  v ./~  '  » 


Entered  according  to  Act  of  Congress,  in  the  year  1851,  by 

DERBY    AND    MILLER, 
In  the  Clerk's  Offlc«  for  th«  Northern   District  of  New  Ycnfc. 


THOMAS    B.    SMITH.    STK  RKOTVPKR, 
916  WILLIAM  «T*«KT.  tl«  t. 


TO  THE 

REV.   SIMEON    NORTH,  LLJX, 

PRCSIDKKT    OF    HXKILTON     COLLEGE, 

®f)is  bolntne  is  respectfttilj}  3nscribebf 


IN    TOKEN   OF 


THE  SINCERE  EEGARD  AND  ESTEEM  OP 

THE  AUTHOR. 


INTRODUCTION. 


WHO  is  there  that  can  look  at  New  York  as  she  is, 
and  not  be  proud  of  her  name  and  her  character  ? — 
who,  among  her  inhabitants,  whether  descended  from 
her  sturdy  Knickerbockers,  or  sprung  from  a  Saxon 
stock, — whether  he  first  drew  breath  amid  her  lovely 
hills  and  valleys,  or  was  lulled  in  infancy  by  the  soft 
breezes  of  another  clime, — but  has  occasion  to  rejoice, 
daily  and  hourly,  that  his  lot  is  cast  in  her  '  pleasant 
places  ?' 

What  a  development  of  national  strength  and  great 
ness  is  hers !  With  one  arm  she  clasps  the  heaving 
bosom  of  the  Atlantic,  while  the  other  is  sporting  among 
the  tiny  wavelets  that  break  upon  the  shores  of  her  in 
land  seas.  One  brief  century  ago,  and  the  abodes  of 
her  people  scarcely  interrupted  the  continuous  line  of 
forest  that  extended  from  Manhattan  Island  to  the  brink 
of  the  Great  Cataract.  Now,  her  verdant  plains  and 
the  grassy  slopes  of  her  mountains,  are  fairly  gemmed 
with  towns  and  cities, — the  habitations  of  wealth  and 
refinement,  of  peace  and  content.  Once  her  population 
was  counted  by  scores, — it  is  now  numbered  in  millions. 
Her  rivers  and  canals,  all  her  great  thoroughfares,  teem 
with  the  rich  products  of  the  mighty,  the  illimitable 


VI 


INTRODUCTION. 


West ;  while  back  through  her  territories,  rolls  the  re 
turning  tide,  laden  with  the  treasures  of  other  lands. 

She  is  great,  too,  in  her  scholars  and  her  jurists,  her 
poets  and  her  philosophers,  her  divines  and  her  states 
men — in  her  honest  and  stout-hearted  yeomanry,  her 
merchant  princes  and  her  artisans.  She  is  great  in 
her  memories  of  the  Past — in  her  hopes  of  the  Future. 
Every  acre  of  her  soil  is  holy  ground.  The  legends 
of  her  border  warfare  are  graven  upon  the  hills  and  the 
rocks  that  witnessed  the  daring  of  her  pioneers,  and 
printed  deep  in  the  hearts  of  thoss  whose  ancestors  fell 
beneath  the  tomahawk  of  the  savage.  The  trophies  of 
the  Revolution  may  be  found  in  the  valley  of  the  Hudson 
and  on  the  heights  of  Saratoga,  and  its  traditions  are 
handed  down  from  father  to  son  with  religious  care,  and 
annually  recounted  at  ten  thousand  different  firesides. 

She  is  rich  in  the  arts  and  sciences ;  in  the  sterling 
qualities  of  her  citizens,  in  their  industry  and  frugality, 
their  enterprise  and  perseverance,  their  love  of  order 
and  their  respect  for  the  law,  and  in  their  attachment 
to  liberty  and  the  union  of  these  States.  What  member 
of  the  Confederacy  has  made  greater  sacrifices  than 
she,  to  secure  that  end  ?  Her  princely  revenues  were 
yielded  to  the  Nation, — at  a  moment,  too,  when  her 
statesmen,  with  prophetic  vision,  saw  and  foretold  the 
greatness  that  would  come  upon  her  ;  and  yet  she  still 
possesses,  in  bounteous  profusion,  all  the  elements  of 
wealth  and  prosperity.  Why  should  we  not  be  proud 
of  New  York?— 

"  Land  of  the  forest  and  the  rock, 
Of  dark  blue  lake  and  mighty  river — 
Of  mountains  reared  aloft  to  mock 
The  storm's  career  and  lightning's  shock — 
My  own  green  land  forever !" 


INTRODUCTION.  Vll 

New  York  numbers  among  her  sons,  by  birth  or 
adoption,  many  great  and  distinguished  men.  She  has 
her  jewels  toward  whom  she  cherishes  the  same  feelings 
of  pride  that  found  a  resting-place  in  the  noble  heart  of 
the  mother  of  the  Gracchi.  Some  of  these  have  re 
ceived  a  full  share  of  the  honors  in  her  power  to  bestow, 
and  their  memories  are  now  held  in  grateful  remem 
brance.  Others  enjoyed  no  such  distinction,  however 
much  it  might  have  been  merited,  and  they  are  almost 
forgotten,  except  by  the  few  \Vho  knew  and  appreciated 
their  worth.  The  memoirs  of  all  would  undoubtedly 
be  replete  with  interest,  but  for  obvious  reasons  I  have 
selected  those  only  who,  as  the  rulers  of  the  state,  form 
a  group  by  themselves. 

It  has  been  to  me  a  pleasure  and  a  gratification,  to 
trace  the  checkered  careers  of  the  eminent  citizens, 
biographical  notices  of  whom  are  contained  in  this 
volume, — to  mark  their  aspirations  and  their  strug 
gles,  then'  triumphs  and  their  disappointments  ;  and  I 
can  only  hope  that  others  will  be  equally  interested 
with  myself.  The  materials  for  a  part  of  the  memoirs, 
already  before  the  public,  or  easy  of  access,  were  am 
ple  ;  but  in  regard  to  others  I  found  greater  difficulty. 
Through  the  kindness  of  the  personal  or  family  friends 
of  the  subjects  of  the  sketches,  I  have  been  enabled, 
however,  to  procure  all  the  information  I  desired,  with 
some  few  and  comparatively  unimportant  exceptions. 
To  all  who  have  in  any  way  assisted  me,  I  owe  the  ex 
pression  of  my  sincere  and  hearty  thanks. 

Occasionally  I  have  been  at  a  loss  to  reconcile  con 
flicting  accounts,  and  at  every  step  in  the  preparation 
of  the  work  I  have  been  struck  with  the  truthfulness 
of  the  remark  of  a  friend,  that  "  the  private  history  ol 


Till      .  INTRODUCTION. 

our  public  men  is  for  the  most  part  a  succession  of  fa 
bles."  It  will  be  perceived  that  I  have  frequently  dis 
agreed  with  the  Political  History  of  Judge  Hammond. 
A  critical  examination  of  that  work  has  convinced  me 
that  it  contains  many  errors,  as  to  dates  and  facts, 
which  have  escaped  the  corrections  of  the  author;  and 
I  have  not  thought  it  advisable  to  rely  upon  his  state 
ments  unless  supported  by  other  evidence.  It  is  proper 
that  I  should  add,  inasmuch  as  I  cannot  speak  from  my 
own  personal  knowledge  until  within  a  very  recent 
period,  that  where  I  have  differed  from  him,  except 
in  regard  to  mere  matters  of  opinion,  my  assertions 
are  based  upon  information  derived  from  sources  of 
unquestionable  authenticity,  and  from  individuals  per 
sonally  and  particularly  cognizant  of  the  facts  to  which 
they  relate. 

In  justice  to  those  who  have  aided  me  in  procuring 
materials,  as  well  as  to  myself,  I  should  likewise  state, 
that  for  the  opinions,  inferences,  and  conclusions,  hav 
ing  reference  to  political  questions,  movements,  and  for 
the  estimates  of  character,  the  writer  is  alone  respon 
sible. 

-  While  preparing  the  memoirs,  I  have  endeavored  to 
keep  in  view  the  remark  of  Sir  James  Mackintosh,  that 
"  the  biographer  never  ought  to  introduce  public  events 
except  as  far  as  they  are  absolutely  necessary  to  the 
illustration  of  character."  Too  much  copiousness  of 
detail  is,  in  like  manner,  reprehensible ;  and  I  have  at 
tempted  to  avoid  these  common  errors.  Biography  is 
like  history,  which,  we  are  told,  by  an  able  and  expe 
rienced  writer,*  cannot  be  perfectly  and  absolutely 
true  ;  "  for,"  says  he,  "  to  be  perfectly  and  absolutely 

*  Macauluy. 


INTRODUCTION.  1*X 

true,  it  ought  to  record  all  the  slightest  particulars  of 
the  slightest  transactions^— all  the  things  done,  and  all 
the  words  uttered,  during  the  time  of  which  it  treats. 
The  omission  of  any  circumstance,  however  insignifi 
cant,  would  be  a  defect.  If  history  were  written  thus, 
the  Bodleian  library  would  not  contain  the  occurrences 
of  a  week.  What  is  told  in  the  fullest  and  most  accu 
rate  annals  bears  an  infinitely  small  proportion  to  what 
is  suppressed.  The  difference  between  the  copious 
work  of  Clarendon,  and  the  account  of  the  civil  wars 
in  the  abridgment  of  Goldsmith,  vanishes,  when  com 
pared  with  the  immense  mass  of  facts,  respecting  which 
both  are  equally  silent." 

The  engravings  accompanying  this  work  are  taken 
from  designs  executed  by  competent  artists  from  origi 
nal  paintings,  and  they  are  believed  to  be  faithful  rep 
resentations  of  the  Governors  of  New  York. 

As  these  volumes  do  not  embrace  memoirs  of  the 
governors  anterior  to  the  adoption  of  a  state  constitu 
tion,  a  brief  review  of  the  colonial  history  of  New  York 
may  be  of  interest  to  the  reader  : — 

The  first  permanent  establishments  made  by  any  of 
the  European  powers,  within  the  limits  of  this  state, 
were  two  small  trading  forts  erected  by  the  Dutch  on 
Hudson  river,  and  a  few  houses  built  on  Manhattan 
Island,  in  the  year  1613.  The  States  General  of  Hol 
land  claimed  the  whole  interior  country  back  of  the 
coast  line  extending  from  the  Connecticut  to  the  Dela 
ware  river,  by  virtue  of  the  discoveries  of  Henry  Hud 
son  and  other  navigators  who  were  in  their  employ, 
and  bestowed  upon  it  the  name  of  "  Nieu  Nederlandt," 
or  New  Netherlands.  The  Dutch  rapidly  extended 
their  settlements  along  the  shores  of  the  Hudson,  and 

1* 


X  INTRODUCTION. 

in  1624  it  was  thought  by  the  States  General  that  the 
colony  was  of  sufficient  importance  to  require  a  formal 
government. 

Peter  Minuit,  or  Minnewit,  was  sent  out  in  that 
year  as  the  first  director,  or  governor,  of  New  Nether 
lands.  The  executive  authority  was  vested  in  him  and 
a  council  consisting  of  five  members.  Besides  these 
officers,  there  was  also  a  "  schout  fiscal."  who  was  both 
the  sheriff  and  the  attorney  general.  Large  tracts  of 
land  were  granted  by  the  States  General  to  chartered 
companies,  by  whom  they  were  subdivided  into  manors 
and  granted  to  patroons.  Smaller  parcels  were  like 
wise  assigned  to  private  individuals  who  did  not  aspire 
to  the  state  and  dignity  of  a  patroon. 

Director  Minuit  returned  to  Holland  in  1632,  and  in 
the  following  year,  his  successor,  Wouter  Van  T  wilier, 
arrived  out.  The  latter  was  too  fond  of  schiedam  to 
make  a  very  useful  officer,  and  as  he  was  almost  con 
stantly  intoxicated,  the  Dutch  West  India  Company, 
who  now  controlled  the  province,  removed  him  from 
office,  as  soon  as  they  were  advised  of  his  conduct,  and 
in  1637,  William  Kieft  was  appointed  director  in  his 
place.  Kieft  was  likewise  addicted  to  intemperate 
habits,  though  he  proved  to  be  a  much  more  faithful 
and  energetic  officer.  He  was  cruel  and  vindictive, 
however,  and  provoked  the  Indians,  hitherto  on  peace 
ful  terms  with  the  colonists,  to  commit  acts  of  hostility. 
Signal  and  just  punishment  was  inflicted,  as  he  thought, 
for  the  outrages  they  had  committed.  But  the  savages 
retaliated  ;  and  one  act  of  injustice  after  another  finally 
exasperated  them  to  such  an  extent,  that  the  colony 
was  in  a  constant  state  of  alarm  and  excitement. 

The  effects  of  the  mal-administration  of  Director 


INTRODUCTION.  XI 

Kieft  were  soon  witnessed  in  the  decrease  of  the  colony 
at  New  Amsterdam, — as  the  settlement  on  the  site  of 
the  present  city  of  New  York  and  the  adjacent  territory 
was  called, — in  the  number  of  its  population  and  in 
wealth.  Accordingly,  he  was  recalled  in  1645,  and 
was  succeeded  by  General  Peter  Stuyvesant,  formerly 
director  of  the  island  of  Cura£oa,  who  entered  upon 
the  duties  of  his  office  in  1647. 

Governor  Stuyvesant  was  too  strict  and  rigid  an  of 
ficer  to  be  popular,  and  at  one  time  he  was  recalled  by 
the  States  General,  in  compliance  with  the  request  of 
the  inhabitants  of  the  colony.  Meanwhile  the  Puritans 
of  the  New  England  colonies  had  gradually  encroached 
upon  the  settlements  of  the  Dutch,  and  the  English  au 
thorities  began  to  lay  claim  to  the  whole  territory.  As 
a  collision  was  apprehended,  and  as  Governor  Stuyve 
sant  was  known  to  be  an  able  officer,  his  recall  was 
countermanded.  It  was  in  vain  that  he  attempted  to 
resist  the  encroachments  of  the  English.  They  proved 
an  overmatch  for  him,  and  after  a  protracted,  but  inef 
fectual  struggle  to  maintain  the  authority  of  his  gov 
ernment,  he  was  forced,  in  1664,  to  surrender  the 
territory  of  New  Netherlands  to  a  large  armed  force 
commanded  by  Colonel  Richard  Nicolls,  who  had  been 
sent  out  by  the  Duke  of  York,  to  whom  the  province 
had  been  granted  by  his  brother,  Charles  II. 

Colonel  Nicolls  was  appointed  the  first  governor  of 
the  colony,  which  was  now  called  New  York,  but  in 
1667  he  was  succeeded  by  Colonel  Francis  Lovelace. 
During  the  administration  of  the  latter,  in  1673,  the 
territory  was  recaptured  by  the  Dutch,  but  it  was  re 
stored  to  the  English  again  in  the  following  year.  Sir 
Edmond  Andross  now  assumed  the  reins  of  govern- 


Xll  INTRODUCTION. 

ment,  but  as  he  was  absent  for  the  greater  part  of  the 
time,  the  lieutenant-governor,  Anthony  Brockholst,  of 
ficiated  in  his  stead. 

Under  the  English  rule,  the  province  increased  in 
wealth  and  population  with  great  rapidity.  The  gov 
ernors  were  repeatedly  changed,  however,  and  during 
the  time  the  colony  continued  to  be  an  appendage  of 
the  British  crown — a  period  of  about  one  hundred 
years — there  wrere  over  twenty  different  persons  placed 
at  the  head  of  the  government,  besides  a  number  of  in 
terregnums,  during  which  the  president  of  the  council 
for  the  time  being  exercised  the  chief  authority.  The 
governors  were  appointed  by  the  English  monarch,  and 
all  the  important  offices  in  the  province  were  held  by 
the  same  tenure,  or  by  appointment  from  the  governor. 
The  members  of  the  colonial  legislature  were  chosen 
by  the  freeholders,  but  the  powers  of  the  former  were 
limited,  and  as  the  governor  had  a  veto  on  all  their 
acts,  they  could  do  but  little  in  opposition  to  his 
wishes,  unless,  as  at  the  commencement  of  the  Revolu 
tion,  they  boldly  set  his  authority  at  defiance. 

For  upwards  of  sixty  years  the  inhabitants  of  New 
York,  particularly  of  the  northern  and  western  counties, 
were  harassed  by  an  almost  constant  state  of  warfare 
with  the  French  and  their  Indian  allies.  The  former 
had  established  trading  posts  at  different  points  on  the 
southern  shores  of  the  St.  Lawrence  and  of  Lake  On 
tario,  and  had  erected  a  strong  fortification  at  Niagara. 
In  1759  this  work  was  captured,  mainly  by  the  pro 
vincial  troops,  and  in  the  following  year  the  Canadas 
were  annexed  to  the  British  dominions.  This  cause 
of  disturbance  being  removed,  the  colony  assumed  an 
air  of  quiet  and  tranquillity  which  it  had  never  before 


INTRODUCTION.  Xlll 

known.  Agriculture  and  the  arts  of  peace  now  flour 
ished  under  the  benign  influences  that  were  diffusing 
their  blessings  throughout  the  land  ;  and  happiness  and 
prosperity  smiled  in  the  remotest  hamlet,  and  lighted 
up  the  hearts  and  the  countenances  of  its  inhabitants. 

This  period  of  repose  was  of  brief  duration.  The 
colonies  had  barely  recovered  from  the  embarrassments 
occasioned  by  the  protracted  border  war,  when  they 
were  again  obliged  to  take  up  arms,  not  to  fight  the 
battles  of  Great  Britain,  but  in  defence  of  their  dearest 
rights  and  privileges.  The  last  royal  governor  was 
William  Tryon,  who  appears  to  have  been  quite  pop 
ular  among  the  inhabitants  of  the  province.  His  con 
duct  was  much  less  exceptionable  than  that  of  most  of 
the  governors  of  the  other  colonies  ;  and  had  they  all 
been  equally  kind  and  liberal,  it  is  not  improbable  that 
the  separation  from  the  mother  country,  although  it 
was  sure  to  take  place  sooner  or  later,  would  have  been 
postponed  for  many  years. 

In  May,  1775,  the  powers  of  the  colonial  govern 
ment  were  suspended,  and  the  supreme  executive  au 
thority  was  then  committed  to  the  Provincial  Congress. 
No  further  change  took  place  till  the  year  1777,  when 
a  state  constitution  was  adopted,  under  which  George 
Clinton  was  elected  the  first  governor  of  the  State  of 
New  York. 


CONTENTS. 


GEORGE  CLINTON 25 

The  Clinton  Family — Origin  and  History — Charles  Clinton — 
His  Emigration  to  America — Settlement  at  Little  Britain — Posi 
tion  and  Character — Death — Birth  of  George  Clinton — Early 
Life — Commences  the  Study  of  the  Law — Admitted  to  Prac 
tice — Forebodings  of  the  Revolution — Course  of  Clinton  in 
the  Colonial  Legislature — His  Influence — Elected  a  Delegate  to 
the  Continental  Congress — Vote  in  Favor  of  the  Declaration  of 
Independence — Formation  of  a  State  Government — Elected 
Governor — The  Whigs  of  New  York — An  Unjust  Charge  re 
pelled — Campaign  of  1777— Attack  on  Forts  Clinton  and  Mont 
gomery — Escape  of  the  two  Brothers — Difficulty  with  Ver 
mont — Re-election  of  Governor  Clinton — Close  of  the  War- 
Recommendations  in  Regard  to  Education  and  Internal  Improve 
ments — Inland  Navigation  commenced — Division  of  Parties — 
Confiscation  Act — Surrender  of  the  Import  Duties  at  New  York 
to  the  General  Government — Opposition  of  Mr.  Clinton  to  a 
strong  Federal  Government — The  Founder  of  the  Republican 
Party  in  New  York — President  of  the  State  Ratification  Con 
vention — Unsuccessful  Attempt  to  defeat  his  Re-election — Mis 
representation  in  Regard  to  his  Conduct  as  a  Commissioner  of 
the  Land  Office — Tact  and  Ability  as  the  Manager  of  a  Political 
Party — Contest  between  Clinton  and  Jay — Canvass  of  Votes — 
Republican  Candidate  for  Vice-President — Declines  a  Re-elec 
tion  as  Governor — Elected  a  Member  of  Assembly — Again 
chosen  Governor— His  Election  to  the  Office  of  Vice-President — 
Re-election — Casting  Vote  on  the  Bill  to  renew  the  Charter  of 
the  United  States  Bartk — Reasons  for  his  Vote — His  Death — 
Family — Char  acter — Anecdotes — Memory. 


XV  CONTENTS. 

PAGR 

JOHN  JAY 74 

Persecution  of  the  Huguenots — Escape  of  Jay's  Ancestors  from 
France — His  Grandfather  settles  in  America — His  Father — 
Removes  into  tne  Country — Birth  of  John  Jay — Early  Educa 
tion — Enters  King's  College — Character  as  a  Student — Gradu 
ates  and  studies  Law — Anecdote — Admitted  to  the  Bar — Suc 
cess  in  his  Profession — His  Marriage — Takes  the  Part  of  the 
Colonists  in  their  Struggle  with  the  Mother  Country — Elected 
a  Delegate  to  the  first  Continental  Congress — Address  to  the 
People  of  Great  Britain — Extracts — A  Member  of  the  Com 
mittee  of  Observation — Commencement  of  Hostilities — A  Re 
dress  of  Grievances,  not  Independence,  the  Object  at  first  sought 
to  be  obtained — Mr.  Jay  prepares  an  Address  to  the  People  of 
Jamaica  and  Ireland — Appointed  a  Colonel  of  Militia — Elected 
to  the  Provincial  Congress — The  State  Constitution  drafted  by 
him — Committee  of  Safety — Laborious  Duties  of  Mr.  Jay — 
Address  of  the  Provincial  Congress  to  their  Constituents — Ap 
pointed  Chief  Justice  of  the  Supreme  Court  of  New  York — 
Special  Delegate  to  Congress — Resignation  of  the  Chief  Jus 
ticeship — Circular  Letter  to  the  States — Minister  to  Spain — 
Escape  from  Shipwreck — Unsuccessful  Attempt  to  conclude 
a  Treaty — Commissioner  to  negotiate  with  Great  Britain — 
Course  of  the  French  Government — Treaty  of  Peace — Return 
of  Mr.  Jay  to  the  United  States — Appointed  Secretary  for 
Foreign  Affairs — Opposition  to  the  Confiscation  Act — The 
Federalist — Chief  Justice  of  the  United  States — Character  as 
a  Judge — Candidate  for  Governor  of  New  York — Adverse 
Decision  of 'the  Canvassers — Special  Envoy  to  England — Treaty 
of  1794 — Elected  Governor  of  the  State — His  Recommenda 
tions  to  the  Legislature — Re-election — Independence  and  In 
tegrity  as  a  Politician — Federal  Sentiments — Difficulty  with 
the  Council  of  Appointment — Retires  to  Private  Life — De 
clines  Re-appointment  as  Chief  Justice — Death  of  Mrs.  Jay — 
His  Decease — Personal  Appearance  and  Character. 


MORGAN  LEWIS 132 

The  Livingston  Family — Francis  Lewis — His  Early  Life  and 
Character — Emigrates  to  America — Elected  a  Delegate  to 
Congress — A  Signer  of  the  Declaration  of  Independence — 
Birth  of  Morgan  Lewis — Education — Elected  Captain  of  a 
Volunteer  Company  in  the  Provincial  Army — The  Revolu- 


CONTENTS.  XV11 

PAGE 

tion — Removal  of  Arms  from  the  New  York  Arsenal  tinder 
the  Guns  of  the  Asia — Appointed  a  Major  in  the  Second  Regi 
ment — In  the  Staff  of  General  Gates — Appointed  Quarter 
master-general — Campaign  of  1777 — Battle  of  Saratoga — En 
gagement  with  the  Indians  at  Stone  Arabia — Close  of  the 
War — Studies  Law  and  admitted  to  Practice — Elected  a  Mem 
ber  of  Assembly — Political  Preferences — Appointed  Attorney 
General — One  of  the  Judges  of  the  Supreme  Court — Chief 
Justice — Elected  Governor  of  the  State — Recommends  making 
some  permanent  Provision  for  the  Encouragement  of  Educa 
tion — Foundation  of  the  Common  School  Fund  laid — Improve 
ment  of  the  Militia — Opposition  to  Mr.  Lewis  in  the  Republican 
Party — Candidate  for  Re-election — His  Defeat — Elected  State 
Senator — Second  War  with  Great  Britain — Appointed  Quarter 
master-general — Promoted  to  Major  General — Campaign  un 
der  Dearborn — Expedition  down  the  St.  Lawrence — Placed  in 
Command  at  New  York — Pecuniary  Advances  to  Prisoners 
and  Contractors — Remissions  of  Rents  to  Tenants  serving  in 
the  Army — Honorary  Distinctions — His  Death — Marriage — 
Character. 


DANIEL  D.  TOMPKINS 109 

His  Father — Family  History — Birth- — Early  Life — Education — 
Graduates  at  Columbia  College  and  commences  the  Study  of 
the  Law — Admitted  to  the  Bar — His  Marriage — Political  As 
sociations — Elected  a  Delegate  to  the  Convention  of  1801 — 
Course  in  Regard  to  the  Right  of  Nomination — Chosen  a  Mem 
ber  of  Congress — Appointed  an  Associate  Justice  of  the  Su 
preme  Court — His  Manner  on  the  Bench — Nominated  as  the 
Republican  Candidate  for  Governor — His  Election — Supports 
the  Measures  of  Mr.  Jefferson — Dissensions  in  the  Republican 
Party — The  Embargo  and  Non- Inter  course  Laws — Re-election 
of  Mr.  Tompkins — Opponents  of  De  Witt  Clinton — Applica 
tion  for  the  Charter  of  the  Bank  of  America — Bribery  and 
Corruption — Prorogation  of  the  Legislature — Favorable  Effect 
of  the  Governor's  Course — Support  of  Mr.  Madison — War  of 
1812 — Position  of  Governor  Tompkins — Patriotic  Conduct — 
Recommends  the  most  Energetic  Measures  for  carrying  on  the 
War — Course  of  the  Federalists — Re-election  of  Tompkins — 
Firmness  and  Patriotism — Defence  of  the  City  of  New  York 
provided  for — Manly  and  honorable  Conduct  of  Rufus  King  and 


XV111  CONTENTS. 

others — The  Governor  in  Command  at  New  York  as  Major 
General — Declines  the  Office  of  Secretary  of  State — War  Bills 
passed  by  the  Legislature — Treaty  of  Peace  concluded — Im 
provement  of  Inland  Navigation  recommended  by  the  Gov 
ernor — His  Popularity  in  the  State  and  Union — Presidential 
Canvass  of  1816 — Erroneous  Statements  of  Mr.  Hammond — 
Meeting  of  the  New  York  Members — Judge  Spencer — Mr. 
Totnpkins  nominated  as  the  Republican  Candidate  for  the  Vice- 
Presidency — Course  of  Martin  Van  Bur  en  and  Enos  T.  Throop— 
Re-election  of  Mr.  Tompkins  as  Governor — Chosen  as  Vice  Presi 
dent — Resignation  of  the  Gubernatorial  Office — Recommends 
entire  Abolition  of  Slavery  in  the  State — Re-elected  Vice-Presi 
dent — Divisions  in  the  Democratic  Party  in  New  York — Mr. 
Tompkins  again  nominated  for  Governor  and  defeated — Causes 
of  his  Defeat — His  Accounts  with  the  State — Unjust  Asper 
sions — Member  of  the  Convention  of  1821,  and  President  of 
that  Body— Retires  to  Private  Life— 111  Health— His  Death 
— Family — Character — Anecdote — Personal  Appearance — Re 
flections. 


DE  WITT  CLINTON 208 

General  James  Clinton — His  Character — Revolutionary  Ser 
vices — Civil  Offices  filled  by  him — Death — Birth  of  De  Witt 
Clinton — His  Education — Enters  Columbia  College — Character 
as  a  Student—  Commences  the  Study  of  the  Law — Convention 
Of  i7y8 — Chancellor  Kent — Appointed  Private  Secretary  to 
bis  Uncle — Political  Opinions  and  Preferences — Elected  to  the 
Assembly — State  Senator — Member  of  the  Council  of  Ap 
pointment — Dispute  in  Regard  to  the  Exclusive  Right  of  Nomi 
nation — Convention  of  1801 — Removal  of  his  Political  Oppo 
nents — Resolutions  for  amending  the  United  States  Constitu 
tion — Standing  in  the  Party — Chosen  a  Senator  in  Congress — 
Course  in  that  Body — Debate  on  Ross'  Resolutions — Speech  of 
Mr.  Clinton — Extracts — Appointed  Mayor  of  New  York — Re 
signs  his  Seat  in  the  Senate — Reasons  therefor — Elected  to  the 
State  Senate — Measures  advocated  by  him — Re-election — Re 
moval  from  the  Mayoralty — Course  in  Regard  to  the  Embargo 
Act — Appointed  a  Commissioner  to  explore  the  Canal  Route — 
Report  of  the  Commissioners — Elected  Lientenant-Governor — 
Address  on  the  Iroquois — Extract — Nominated  for  the  Presi 
dency — Hi8  Political  Course — Result  of  the  Election — His 


CONTENTS.  XIX 

PAQB 

Character  as  Mayor — Opposition  in  the  State  and  National  Ad 
ministrations — Services  during  the  War  of  1812 — Final  Re 
moval  from  the  Office  of  Mayor — Effect  on  his  Prospects — Me 
morial  in  Favor  of  the  Construction  of  the  Erie  and  Champlain 
Canals — His  Agency  in  furthering  this  great  Enterprise — To 
whom  belongs  the  Merit  of  its  Projection — Appointed  a  Canal 
Commissioner — Elected  Governor  of  the  State — Difficulties  in 
the  Council — Opposition  to  a  Convention — Re-election — "  Green 
Bag  Message" — Removals  from  Office — Declines  a  Renomina- 
tion — Removal  from  the  Office  of  Canal  Commissioner — Public 
Sympathy — The  People's  Party — Again  nominated  for  Gov 
ernor — Elected — Completion  of  the  Canals — Celebration — De 
clines  Mission  to  England — Western  Tour — Re-election — Ab 
duction  of  Morgan — Last  Message — His  Death — Honors  paid 
to  his  Memory — His  Family — Personal  Appearance  and 
Traits — Character  as  a  Citizen — Attainments  as  a  Scholar — 
Character  as  a  Politician — Different  Opinions. 


JOSEPH  C.  YATES 319 

His  Ancestor  emigrates  to  the  Colony  of  New  York — The 
Yates  Family — Distinguished  in  the  Revolution — Chief  Justice 
Yates — Colonel  Yates — Services  in  the  French  and  Indian  War 
and  the  Revolution — His  Wife  and  Children — Birth  of  Joseph 
C.  Yates — Education — Difficulties— Studies  Law — Admitted  to 
the  Bar — Commences  Practice — Success  as  a  Lawyer — One  of 
the  Founders  of  Union  College — First  Mayor  of  Schenectady — 
Political  Associations  and  Preferences — Elected  to  the  State 
Senate — Appointed  a  Judge  of  the  Supreme  Court — Character 
as  a  Judge — Support  of  De  Witt  Clinton  for  President — Presi 
dential  Elector — Regent  of  the  University — Constitution  ol 
1821 — Nominated  for  Governor — Result  of  the  Election — Em 
barrassing  Position — First  Message — Recommendations — Con 
test  for  the  Offices — Rejection  of  his  Nominations  by  the 
Senate — Parties  in  a  Republic — The  Electoral  Bill — Message 
of  the  Governor — Discussions  in  the  Legislature — Resolution 
of  Postponement — Opposition  to  his  Administration — Personal 
Attacks — His  Nomination  defeated — Proclamation  for  an  Extra 
Session — Adjournment  of  the  Legislature — Retires  to  Private 
Life — Participation  in  Political  Affairs — His  Death — Family — 
Character. 


XX  CONTENTS. 


MARTIN  VAN  BUREN   ..............  346 

His  Ancestors  —  Birth  —  Education  —  Early  Embarrassments  and 
Struggles  —  Eaters  a  Law  Office  —  Practice  in  Justices'  Courts  — 
Political  Opinions  and  Associations  —  Admission  to  the  Bar  —  Pro 
fessional  Success  —  Marriage  —  Death  of  Mrs.  Van  Buren  —  His 
Children  —  Appointed  Surrogate  —  Removal  to  Hudson  —  Legal 
Studies  —  Support  of  Jefferson,  Madison,  and  Tompkins  —  Oppo 
sition  to  the  Bank  of  the  United  States  and  the  Bank  of  Amer 
ica  —  Elected  to  the  State  Senate  —  Supports  De  Witt  Clinton 
for  the  Presidency  —  Defence  of  the  War  Policy  —  Answer  to  the 
Governor's  Speech  —  Choice  of  Clintonian  Electors  —  Republican 
Address  —  War  Measures  —  Speech  before  the  Conference  Com 
mittee  —  Classification  Law  —  Opposition  to  De  Witt  Clinton  — 
Speech  on  his  Death  —  Appointed  Attorney  General  —  Removal  — 
Elected  to  the  Senate  of  the  United  States  —  Delegate  to  the 
Constitutional  Convention  —  Conservative  Course  —  Speech  on  the 
Freehold  Qualification  —  The  Appointing  Power  —  Universal  Suf 
frage  —  The  Judiciary  Question  —  Takes  his  Scat  in  the  Senate— 
Support  of  Monroe  and  Crawford  —  Opposed  to  the  Administra 
tion  of  John  Quincy  Adams  —  The  Panama  Mission  —  His  Speech 
—  The  Colonial  Trade—  The  Tariff  Question  —  State  of  Parties  in 
the  Union—  Support  of  General  Jackson  —  Reflected  to  the 
Senate  —  Relations  towards  De  Witt  Clinton  —  His  Political  Pros 
pects  and  Position  —  Elected  Governor  —  First  Message  —  The 
Safety  Fund  System  —  Appointed  Secretary  of  State  —  His  Resig 
nation  —  Minister  to  England  —  Rejection  —  Elected  Vice  Pres 
ident  —  Character  as  a  Presiding  Officer  —  Elected  President  — 
Inaugural  Address  —  Opposition  to  Abolitionism  —  Extra  Ses 
sion  of  Congress  —  The  Conservatives  —  Passage  of  the  Inde 
pendent  Treasury  Bill  —  Recommendations  —  Management  of  the 
Foreign  Relations  —  Proposed  Annexation  of  Texas  —  Civil  War 
in  Canada  —  Renomi  nation  and  Defeat—  Annexation  of  Texas  — 
Support  of  Mr.  Polk  —  Slavery  Question  —  Nominated  for  the 
.  Presidency  —  The  Free  Soilers  —  Life  and  Character—  Personal 
Appearance  —  Manners  —  Oratory  —  Style  as  a  Writer  —  Mental 
Traits. 


ENOS  T.  THROOP 478 

Early  History  of  his  Family — Birth  and  Education — Studies 
Law — Residence  in  Albany — Admitted  to  Practice — Locates 
at  Auburn — Political  Course  and  Position — Appointed  County 


CONTENTS.  XXI 

PAOB 

Clerk — Removal  from  Office  and  Reappointment — Opposition 
to  De  Witt  Clinton — Elected  a  Member  of  Congress — Speech 
on  the  Commercial  Treaty — The  Tariff— Compensation  Act — 
His  Defeat  and  Resignation — Support  of  Mr.  Monroe — Friend 
ship  for  Governor  Tompkins — Removal  from  the  Clerkship— 
Appointed  Circuit  Judge — Character  on  the  Bench — Abduction 
of  William  Morgan — Antimasonry — Sentence  of  Conspirators — 
Elected  Lieutenant  Governor — Becomes  Acting  Governor — 
Address  to  the  Senate — The  Lateral  Canals — Financial  Policy 
of  the  State — The  Chenango  Canal — First  Annual  Message — 
Insane  Poor — Review  of  the  Financial  Condition  of  the  State — 
General  Fund — Opposition  to  Lobby  Corps — Elected  Governor 
— Recommends  the  Abolition  of  Imprisonment  for  Debt — 
Views  on  Borrowing  Money — Dissatisfaction  with  a  Political 
Life — The  Chenango  Canal  Interest — Determination  to  Retire — 
The  Asiatic  Cholera — National  Politics — Appointed  Naval  Offi 
cer — Charge  d' Affaires  to  the  Kingdom  of  the  Two  Sicilies — 
Final  Retirement  to  Private  Life — Agricultural  Pursuits — 
Style  as  a  Writer — Personal  Appearance — Habits  and  Character. 


WILLIAM  L.  MARCY 546 

Ancestors  of  Governor  Marcy — Birth  and  Education — Enters 
Brown  University — Character  in  College — Removes  to  Troy — 
Studies  Law  and  commences  Practice — Second  War  with  Great 
Britain — Enters  the  Service  as  a  Volunteer — Affair  at  St. 
Regis — Articles  of  "  Vindex" — Appointed  Recorder  of  Troy — 
Political  Course — Intimacy  with  Mr.  Van  Buren — His  Removal 
from  Office — Opposition  to  Governor  Clinton — Appointed  Ad 
jutant  General — Comptroller — Character  as. a  Financial  Officer 
Albany  Regency — Appointed  a  Justice  of  the  Supreme  Court — 
Lockport  Trials — Course  on  the  Bench — Chosen  a  Senator  in 
Congress — Defence  of  Mr.  Van  Buren — Speech  on  Party  Pro 
scriptions — The  Apportionment  Bill — The  Tariff  Question — In 
ternal  Improvements — Elected  Governor  of  New  York — Finan 
cial  Views — The  Chenango  Canal — The  Banking  Interest — 
The  Pressure— Loan  Law— The  Whig  Party— Reelection— 
Small  Bill  Law — Abolitionism — Elected  for  a  third  Term — 
Pressure  of  1837 — General  Banking  Law — Independent  Treas 
ury — Civil  War  in  Canada — Defeat  of  the  Democratic  Party — 
Appointed  Commissioner  on  Mexican  Claims — Divisions  in  the 
Democratic  Party— Secretary  of  War— The  War  with  Mexico— 


XX11  CONTENTS. 

tAOB 

Difficulty  with  Officers — Letter  to  General  Scott — Retirement 
to  Private  Life — Character — Personal  Appearance — Mental 
Traits — Political  Course— Manner  as  a  Speaker — Ability  as  a 
Writer. 


WILLIAM  H.  SEWARD 607 

Early  History  of  his  Family — Birth  and  Education — Enters 
Union  College — Character  as  a  Student — Address  before  the 
Phi  Beta  Kappa — Studies  Law — Commences  Practice  at  Au 
burn — Character  as  a  Lawyer — Forensic  Floquence — Success  in 
his  Profession — Trial  of  Freeman — Political  Associations — 
Support  of  Mr.  Adams — Eulogy  on  his  Death — Nominated  for 
Surrogate  and  rejected — President  of  Young  Men's  State  Con 
vention — Connection  with  Antimasonry — Elected  to  the  State 
Senate — Course  in  the  Legislature — One  of  the  Leaders  of 
the  Opposition  Party — Chenango  Canal — United  States  Bank 
— Removal  of  the  Deposits — His  Speeches — Nullification — 
— Opinions  in  the  Court  of  Errors — Death  of  Mr.  Maynard — 
Mr.  Seward  at  the  head  of  the  Opposition — The  Whig  Party — 
Nominated  for  Governor  and  Defeated — Elected  Governor — 
First  Message — Recommendations — Financial  Policy — Course  in. 
regard  to  Internal  Improvements — Anti-Rent  Difficulties — Con 
troversy  with  the  Authorities  of  Virginia — New  York  School 
Question — Reelection — Trial  of  McLeod — Misfortunes  of  the 
Whigs — Law  of  1842 — Declines  a  Renomination — Resumes  the 
Practice  of  his  Profession — Elected  to  the  United  States  Sen 
ate — Admission  of  California — The  Slavery  Question  and  Mr. 
Clay's  Compromises— Speech  of  Mr.  Seward— The  Higher 
LaW — French  Spoliations — Proposition  to  abolish  Slavery  in 
the  District  of  Columbia — Personal  Appearance — Marriage — 
Character  of  his  Mind— Love  of  Study— Manner  as  a  Speaker 
—Addresses— Style— Political  Course— Prospects. 


WILLIAM  C.  BOUCK 

German  Palatines— Early  Settlement  of  the  Schoharie  Valley 
—Family  of  Governor  Bouck— Birth  and  Early  Life— Advan 
tages  in  respect  of  Education — His  Character — Becomes  an  Ac 
tive  Politician — Town  Clerk  and  Supervisor  of  his  native  Town 
— Appointed  Sheriff  of  Schoharie — Elected  a  Member  of  As 
sembly — State  Senator — Political  Course — Appointed  a  Canal 


CONTENTS.  XXlll 

PAGB 

Commissioner — Work  on  the  Western  Section  of  the  Erie  Canal 
— Its  Completion — Other  Canals  constructed  by  him — In  Favor 
of  Enlarging  the  Erie  Canal — His  Removal  from  Office — Popu 
larity — Nominated  for  Governor  and  Defeated — Divisions  in  the 
Democratic  Party — Conservatives  and  Radicals — Law  of  1842 
— Views  of  Mr.  Bouck — Elected  Governor — Embarrassments 
of  his  Administration — Feuds  among  the  Democrats — Opposi 
tion  of  the  State  Officers — Appointments  to  Office — Mistaken 
Policy — The  State  Finances  and  the  Canals — His  Recommenda 
tions — Opposition  to  his  Renomination — Nomination  of  Mr. 
Wright— Anti-Rent  Difficulties— Delegate  to  the  Constitutional 
Convention — Appointed  Assistant  Treasurer — Removal — Re 
tirement  to  Private  Life — His  Marriage — Character, 


SILAS  WRIGHT 722 

History  of  his  Family — His  Parents — Birth  and  Early  Life — 
Youthful  Character — Education — Enters  Middlebury  College — 
Teaches  School— Politics  of  his  Father— War  of  1812— Com 
mences  the  Study  of  the  Law — Roger  Skinner — Admitted 
to  the  Bar — Locates  at  Canton — Professional  Character  and 
Success — His  Popular  Manners — Appointed  Surrogate — Jus 
tice  of  the  Peace  and  Commissioner  of  Deeds — Offices  in  the 
Militia — Elected  to  the  State  Senate— The  Electoral  Question — 
Support  of  Mr.  Crawford — "  The  Seventeen  Senators" — Re 
moval  of  DeWitt  Clinton — Defeat  of  Judge  Spencer — Character 
and  Standing  of  Mr.  Wright  in  the  State  Senate — Chosen  a 
Member  of  Congress — Report  on  the  Canal  and  Financial  Policy 
— His  Position — Opposition  to  Monopolies  and  Irresponsible 
Banks— Th6  Tariff  Law  of  1828—  Reelection— Abolition  of 
Slavery  in  the  District  of  Columbia — Appointed  Comptroller — 
Character  as  a  Financial  Officer — Elected  United  States  Senator 
— Course  as  a  Politician — The  American  Senate-^-His  Conduct 
and  Character — Marriage — Support  of  Jackson's  Administra 
tion — Removal  of  the  Deposits — Speech  on  the  New  York  Reso 
lutions — Eloquent  Defence  of  General  Jackson — Support  of  Mr. 
Van  Buren — The  Independent  Treasury — Reelection  of  Mr. 
Wright — His  Course  in  Regard  to  Abolitionism — The  Wilraot 
Proviso — Fourth  of  July  Oration — Annexation  of  Texas — Op 
position  to  Whig  Measures — Defeat  of  Mr.  Van  Buren  in  the 
National  Convention — Mr.  Wright  declines  Nomination  for  the 
Vice  Presidency— Elected  Governor  of  New  York— Financial 


XXIV  CONTENTS. 

fAGK 

View£ — Divisions  in  the  Party — His  true  Policy — The  Con 
vention  Bill — Veto  of  the  Canal  Bill — Opposition  of  the  Hunk 
ers — The  Anti-Rent  Difficulties — The  Constitutional  Convention 
— Renomination — His  Defeat — Death — Its  Cause — Agricultu 
ral  Address — Appearance  and  Character. 


JOHN  YOUNG.    . 793 

His  Parents — Birth  and  Education — Difficulties  and  Embarrass 
ments — Commences  the  Study  of  the  Law — Admitted  to  Prac 
tice — Establishes  himself  at  Geneseo — Professional  Character 
and  Success — Political  Course — Candidate  for  County  Clerk — 
Becomes  an  Antimason — Elected  a  Member  of  the  Assembly — 
Service  in  the  Legislature — Chosen  a  Member  of  Congress — • 
Whig  Manifesto — Reelected  to  the  Assembly — Prominence  of  his 
Position — The  Convention  Bill — Speeches — Reasons  for  sup 
porting  the  Convention  Bill— The  Canal  Bill — Views  in  regard  to 
the  Canal  and  Financial  Policy — Reelection — The  War  with 
Mexico — In  favor  of  Supporting  the  Country — Remarks  in  the 
Legislature — Divisions  among  the  Whigs — Elected  Governor — 
His  Messages — Proceedings  of  the  Legislature — The  Slavery 
Question — His  Administration — Appointments  to  Office — Inde 
pendent  Course — Pardon  of  the  Anti-Renters — Support  of  Gen 
eral  Taylor — Friendship  for  Mr.  Clay — Appointed  Assistant 
Treasurer — The  National  Whigs — His  Political  Prospects — 
Character — Marriage. 

HAMILTON  FISH 818 

His  Family  —  Early  History  —  Education  —  Leaves  'College — 
Commences  the  Study  of  the  Law — Admitted  to  Practice — En 
gages  in  Politics — Appointed  Commissioner  of  Deeds — Member 
of  Assembly — Character  as  a  Legislator — Chosen  a  Represent 
ative  in  Congress — Service  in  that  Body — Candidate  for  Lieu 
tenant  Governor — Defeated — Elected  Lieutenant  Governor — 
Chosen  Governor  of  the  State — His  Administration — Moderate 
Course — Popularity — The  Slavery  Question — Extracts  from  his 
Messages — Recommendations — Ineffectual  Attempt  to  elect 
him  United  States  Senator — Character — Conclusion. 


THE    GOVERNORS 


OF   THE 


STATE   OF  NEW  YORK, 


GEORGE   CLINTON. 

AMERICAN  History  numbers  few  more  honored  names, 
among  the  distinguished  men  whose  merits  and  virtues 
she  records,  than  that  of  GEORGE  CLINTON.  Not  for 
the  possession  of  extraordinary  genius  or  brilliant  pow 
ers  of  oratory, — not  for  his  skill  and  ability  as  a  sol 
dier, — is  he  thus  preferred  above  so  many  worthy  com 
peers  ;  but  for  the  sterling  good  sense  that  characterized 
him  as  a  man,  his  firmness  and  independence  as  a 
statesman,  and  that  incorruptible  patriotism  which  was 
often  tried,  yet  never  found  wanting.  The  same  rela 
tion  that  Washington  sustained  to  the  Union,  he  bore 
to  New  York : — the  one  was  the  Father  of  his  country, 
and  the  other  the  Pater  Patrice  of  his  native  state. 
Each  did  his  duty  well ;  and  when  he  lay  down  to  die, 

2 


26  GEORGE    CLINTON. 

troops  of  good  deeds,  like  angels,  thronged  about  his 
couch,  and  buoyed  him  safely  up  when  on  the  threshold 
of  another  world. 

Friendship,  with  its  sympathetic  grasp  and  warm 
embrace,  may  comfort  and  cheer,— affection,  with  its 
soft,  sweet  tones  quivering  with  the  pulsations  of  the 
throbbing  heart,  may  soften  the  pillow  of  the  dying, 
and  relieve  many  of  the  pangs  and  pains  of  mortal  suf 
fering  ;  but,  aside  from  the  hope  of  the  Christian,  there 
is  no  talisman  that  can  so  rob  the  grim  warrior  who 
unlocks  the  portals  of  the  tomb,  of  his  power  to  harm, 
as  a  well-spent  life.  Warriors  and  statesmen  who  turn 
aside  from  the  weary  pilgrimage  of  the  world,  to  medi 
tate  amid  the  hallowed  shades  of  Mount  Vernon,  or 
beside  the  sculptured  tomb  of  Clinton,  may  well  afford 
to  pattern  after  the  lives,  and  to  profit  by  the  examples, 
of  those  to  whose  memories  they  pay  this  brief  tribute 
of  veneration  and  respect. 

The  Clinton  family  is  of  English  origin ;  and  their 
ancestor,  William  Clinton,  from  whom  they  trace  their 
descent  in  a  direct  line,  was  one  of  the  most  devoted 
adherents  of  Charles  I.  during  the  imbittered  and  bloody 
strife  between  him  and  his  subjects.  After  the  unfor 
tunate  monarch  had  sacrificed  his  crown  for  a  punctilio, 
and  lost  his  life  in  defence  of  the  kingly  prerogative, 
Clinton,  who  then  held  a  commission  in  the  royal  army, 
fled  to  the  continent  to  escape  from  the  fury  of  Crom 
well  and  his  troopers,  who  were  busily  hunting  down 


FAMILY    HISTORY.  27 

every  cavalier  that  continued  faithful  to  the  fortunes 
of  the  house  of  Stuart.  He  remained  for  a  long  period 
in  exile, — spending  his  time  partly  in  France,  and  partly 
in  Spain.  He  ultimately  returned  to  Scotland,  how 
ever,  where  he  married  a  lady  by  the  name  of  Kennedy. 
His  personal  safety  being  jeoparded,  in  consequence 
of  his  loyalist  principles,  he  crossed  over  to  the  north 
of  Ireland,  where  lie  subsequently  died,  leaving  behind 
him  an  orphan  son,  by  the  name  of  James,  who  was 
only  two  years  of  age. 

When  James  attained  his  majority,  he  went  to  Eng 
land,  to  attempt  the  recovery  of  his  ancestral  patrimony, 
of  which  his  father  had  been  deprived,  and  which  he 
had  been  unable  to  recover  during  his  lifetime.  Charles 
II.  was  now  firmly  seated  on  the  throne  of  his  ancestors, 
but  the  claim  appears  to  have  been  barred  by  a  limita 
tion  in  an  act  of  parliament.  Though  disappointed  in 
one  suit,  young  Clinton  pressed  another  with  complete 
success.  The  family  chronicles  do  not  inform  us  that 
he  had  become  republicanized  in  his  notions ;  but, 
though  all  danger  of  the  popular  fury  had  long  since 
passed  away,  he  thought  proper  to  cool  the  loyalist 
ardor  which  he  might  have  inherited,  by  an  infusion  of 
Puritanism ;  and  when  he  returned  to  Ireland,  he  was 
accompanied  by  his  new  wife,  Elizabeth  Smith,  the 
daughter  of  a  captain  in  the  quondam  army  of  the  Lord 
Protector. 

After  his  marriage,  James  Clinton  settled  perma 
nently  in  the  county  of  Longford,  where  his  son  Charles 


28  GEORGE    CLINTON. 

was  born,  in  the  year  1690.  On  arriving  at  man's  es 
tate,  the  latter  married  a  Miss  Elizabeth  Denniston ; 
and  in  the  spring  of  1729,  having  become  satisfied  that 
the  incentives  to  industry  and  enterprise  were  greater 
in  the  new  world  than  in  the  old,  and  that  personal 
freedom  was  not  subject  to  so  many  irksome  restric 
tions,  he  resolved  to  emigrate  to  America  with  a  num 
ber  of  his  friends  and  neighbors,  who  shared  in  his  feel 
ings  and  concurred  with  him  in  opinion.  Towards  the 
month  of  May,  the  party  of  colonists,  ninety-four  in 
number,  embarked  from  their  emerald  home,  to  ex 
change  its  comparative  comforts  and  luxuries  for  a  life 
in  the  western  wilderness.  The  family  of  Clinton  con 
sisted  of  himself  and  wife,  two  daughters  and  one  son. 
Among  the  immigrants  was  Alexander  Denniston,  his 
brother-in-law. 

A  sufficient  stock  of  provisions  was  laid  in  for  an  or 
dinary  passage  to  New  York ;  but  it  soon  became  evi 
dent  that  the  captain  was  protracting  the  voyage  un 
necessarily,  upon  one  pretence  or  another,  in  the 
expectation,  either  that  he  would  be  liberally  paid  by 
the  passengers,  or  that  if  they  were  starved  to  death, 
he  might  possess  himself  of  their  property  without 
being  questioned  in  regard  to  the  right  so  to  do.  Daily 
he  grew  more  arrogant,  and  the  condition  of  the  immi 
grants  became  worse.  Disease  and  death  began  to 
appear  among  them,  and  Clinton  was  deprived  both  of 
his  son  and  a  daughter.  The  crew  and  passengers 
were  several  times  on  the  point  of  rising  against  the 


EMIGRATION    TO    AMERICA.  29 

captain,  and  taking  possession  of  the  vessel.  The  party 
of  immigrants  regarded  Clinton  as  their  leader  and  head 
in  any  emergency,  inasmuch  as  he  had  enjoyed  greater 
advantages  of  education  than  his  friends ;  but  he  dis 
suaded  them  from  engaging  in  any  act  of  mutiny  unless 
all  the  subordinate  officers  of  the  ship  would  unite  with 
them.  His  prudent  and  pacific  counsels  were  regarded ; 
and,  at  length,  the  captain  was  induced  by  the  offer  of 
a  large  sum  of  money,  to  expedite  the  speed  of  his 
vessel. 

After  a  tedious  passage  of  nearly  five  months'  dura 
tion,  the  ship  finally  arrived  off  Cape  Cod  in  October, 
where  the  immigrants  landed.  The  season  being  now 
so  far  advanced,  they  remained  here  till  the  following 
spring  (1730),  when  they  removed  to  Ulster  county, 
in  the  then  colony  of  New  York,*  Clinton,  and  his 
two  friends,  Alexander  Denniston  and  John  Young, 
bought  three  farms  adjoining  each  other,  in  the  virg'n 
wilderness  at  the  foot  of  the  Highlands;  and,  mindful  of 
the  father-land,  that  still  claimed  a  portion  of  their  af 
fections,  and  to  whose  sovereign  their  faith  and  alle 
giance  were  yet  due,  they  named  the  small  and  harmo 
nious  settlement  which  they  founded,  Little  Britain. 
At  that  time,  it  formed  a  part  of  Ulster  county,  but 
with  other  territory,  was  subsequently  annexed  to  the 
county  of  Orange. 

*  Dr.  Hosack,  in  his  Memoir  of  Dewitt  Clinton  (p.  23),  fixes  the  date 
of  the  removal  to  New  York  in  1731 ;  but  this  is  obviously  an  error.' 
(Sec  Journal  of  Joseph  Young,  in  the  Appendix  to  the  Memoir,  p.  139.) 


30  GEORGE    CLINTON. 

In  this  secluded  retreat,  surrounded  by  the  hardy 
yeomanry  whose  descendants,  at  a  subsequent  day, 
contributed  so  essentially  to  the  achievement  of  Ameri 
can  independence,  Charles  Clinton  occupied  himself  in 
the  care  of  his  limited  fortune,  the  cultivation  of  his 
farm,  the  instruction  of  his  children,  and  the  discharge 
of  the  various  public  duties  devolved  upon  him  by  the 
partiality  of  the  colonial  authorities  or  his  fellow-citi 
zens.  Being  a  good  mathematical  scholar,  he  was 
frequently  employed  by  his  neighbors  as  a  surveyor. 
Shortly  after  his  arrival  and  settlement  in  the  colony, 
he  was  appointed  a  justice  of  the  peace  and  a  judge  of 
the  common  pleas  of  Ulster  county.  In  1756,  he  was 
commissioned  by  Governor  Sir  Charles  Hardy,  as  a 
lieutenant-colonel  of  militia,  and  in  the  summer  of  1758, 
accompanied  Colonel  Bradstreet,  at  the  head  of  his 
regiment,  in  which  two  of  his  sons  wrere  officers,  in  the 
bold,  rapid,  and  successful  movement  on  Fort  Fronte- 
nac.*  Repeated  offers  of  advancement  in  a  civil  or 
military  career,  were  made  to  him  by  the  British  gov 
ernors,  but  the  tempting  allurements  of  rank  and  station 
were  not  powerful  enough  to  wean  him  from  the  life 
of  quiet  and  ease  which  he  so  much  preferred ;  and 
considerations  of  duty  to  his  adopted  country  alone 
induced  him  to  accept  the  official  trusts  bestowed  upon 

*  Previous  to  this  time  lie  had  been  stationed  with  his  regiment  in 
the  valley  of  the  Mohawk.  He  constructed  the  fort  at  German  Flats, 
which  was  afterwards  repaired  and  called  Fort  Ilerkimer. 


HIS    FATHER.  31 

him,  which  were  received  without  solicitation,  and 
surrendered  without  regret. 

Happy  in  the  enjoyment  of  a  respectable  competence, 
and  the  possession  of  attached  friends  and  a  devoted 
family,  his  life  glided  smoothly  on  down  the  current  of 
time.  The  education  of  his  children  was  a  subject  of 
particular  interest  to  him,  and  he  was  ardently  desirous 
to  fit  them  for  stations  of  usefulness.  He  superintended 
their  instruction  himself,  and  was  assisted  in  his  '  labor 
of  love'  by  the  Rev.  Daniel  Thain,  who  had  been  edu 
cated  at  the  University  of  Aberdeen.  Having  attained 
a  good  old  age,  respected  and  revered  by  all  who  knew 
him,  for  his  intelligence,  his  usefulness  as  a  citizen,  and 
his  manifold  private  virtues,  he  died, at  his  residence, 
in  peace,  on  the  19th  day  of  November,  1773,  just  on 
the  eve  of  the  struggle  which  severed  the  political  ties 
between  the  land  of  his  fathers,  and  the  home  of  his 
adoption.  By  those  who  knew  him  personally,  he  is 
described  as  a  man  of  commanding  presence,  tall  in 
stature,  easy  and  courteous,  yet  dignified  in  his  manners, 
and  kind  and  generous  in  disposition.  He  foresaw  the 
contest  with  the  mother  country,  and  both  by  precept 
and  example  encouraged  his  fellow-citizens  and  his 
children  in  their  opposition  to  her  usurpations.  He 
was  a  warm  friend,  an  affectionate  husband  and  father, 
a  true  patriot,  and  a  sincere  Christian. 

"  His  wife/'  says  Mr.  Campbell,  in  his  Sketch  of  the 
Clinton  family,  "  was  an  accomplished  and  intelligent 
woman.  She  appears  to  have  been  well  acquainted 


32  GEORGE    CLINTON. 

with  the  military  operations  of  the  times,  and  to  have 
shared  largely  in  the  patriotic  ardor  of  her  husband 
and  her  sons.  She  died  at  the  residence  of  her  son 
James,  on  the  25th  of  December,  1779,  in  the  75th 
year  of  her  age."* 

They  had  one  daughter,  Catharine,  born  in  Ireland, 
and  four  sons  after  their  arrival  in  this  country,  who 
reached  man's  estate.  The  former  died  before  her 
father,  but  was  married  to  Colonel  James  M'Claughry, 
afterwards  an  officer  of  skill  and  merit  in  the  revolu 
tionary  army.  Of  the  sons,  Alexander,  the  eldest, 
graduated  at  Princeton  and  became  a  physician ; 
Charles  also  studied  medicine,  and,  in  the  capacity  of 
a  surgeon,  was  present  at  the  taking  of  Havana  in  1762, 
after  which  he  returned  to  Ulster  county  where  he 
practised  his  profession  ;  James,  the  third  son,  was  a 
soldier  from  his  youth  up,  and  became  justly  distin 
guished  for  his  services  as  a  general  officer  in  the  war 
of  the  revolution ;  and  George,  the  youngest,  is  the 
subject  of  this  sketch. 

George  Clinton  was  born  at  his  father's  residence, 
on  the  26th  day  of  July,  J  739,  and  was  probably  named 
after  Admiral  George  Clinton,  son  of  the  Earl  of  Lin 
coln,  and  who  was  subsequently  colonial  governor  of 
New  York,  from  1743  to  1753.f  He  was  a  youth  of 

*  Life  and  Writings  of  Dewitt  Clinton,  p.  14. 

f  It  is  said,  I  know  not  with  how  much  truth,  that  the  Clinton  family 
were  remotely  connected  with  that  to  which  Admiral  George  and  his 
son  Sir  Henry  belonged. 


EARLY    LIFE.  33 

quick  parts,  and  early  discovering  great  natural  shrewd 
ness,  with  a  corresponding  decision  and  force  of  char 
acter,  he  was  destined  by  his  father  for  the  legal  pro 
fession.  He  was  by  no  means  averse  to  study,  yet  it 
would  seem  that,  even  in  early  life,  he  was  of  an  active 
and  enterprising  spirit,  and  not  disinclined  occasion 
ally  to  lay  aside  his  books  and  incur  the  hazards  and 
chances  of  war.  Soon  after  the  commencement  of 
the  second  contest  with  the  French  and  their  Indian 
allies,.,  in  1755,  he  left  home  clandestinely,  and  entered 
on  board  a  privateer  which  sailed  from  the  port  of 
New  York.  After  encountering  a  great  many  hard 
ships  and  perils,  which  do  not  appear  to  have  tamed 
his  spirit  or  cooled  his  ardor,  he'  returned  in  time  to 
accept  a  subaltern's  commission  under  his  brother 
.  James,  who  commanded  a  company  in  the  regiment 
of  their  father.  He  accompanied  the  Expedition 
against  Fort  Frontenac,  and  with  his  brother,  at  the 
head  of  their  company,  performed  an  act  of  gallant 
daring  in  the  capture  of  one  of  the  enemy's  vessels. 

Hostilities  having  terminated,  he  entered  the  office 
of  William  Smith,  the  Chief  Justice  and  historian  of 
the  colony,  at  that  time  one  of  the  most  eminent  prac 
titioners  in  the  city  of  New  York.  In  due  time  he 
was  admitted  to  the  bar,  and  commenced  the  practice 
of  his  profession  in  his  native  county,  where,  for  sev 
eral  years,  he  held  the  office  of  clerk  of  the  common 
pleas.  *  His  prospects  of  success  were  highly  flatter 
ing,  and  the  emoluments  of  his  professional  calling 

2* 


34  GEORGE    CLINTON. 

soon  equalled  his  most  sanguine  expectations.  To 
straightforward  common  sense,  and  an  accurate  knowl 
edge  of  human  nature,  he  united  those  qualities  of  the 
heart,  that  frankness  of  disposition,  and  that  kindness 
and  suavity  of  manner,  which  are  pretty  sure  to  at 
tach  to  the  fortunate  possessor  hosts  of  warm  and  de 
voted  friends ;  and  few  young  men  ever  acquired  a 
greater  share  of  personal  popularity,  at  so  early  a 
period  in  life. 

In  the  month  of  October,  1765,  the  delegates  of  the 
colonies  assembled  at  New  York  to  take  into  consid 
eration  the  measures  rendered  necessary  by  the  pas 
sage  of  the  Stamp  Act.  The  repeal  of  the  obnoxious 
law  in  the  following  year  quieted  for  the  time  the  ex 
citement  which  had  been  produced ;  but  the  fires  of 
revolution  had  been  smothered  only,  and  were  not  sub 
dued.  Young  Clinton  now  entered  the  colonial  legis 
lature  as  a  member  from  the  county  in  which  he  re 
sided,  and  was  continued  in  that  capacity  till  his 
subsequent  election  to  the  continental  congress.  Prom 
inent  among  his  associates  was  Philip  Schuyler,  who 
with  him  battled  manfully  against  the  loyalist  ma 
jority  in  the  assembly.  Schuyler  and  Clinton  were 
the  recognized  leaders  of  the  minority — the  Pym  and 
the  Hampden  of  that  colonial  parliament,  to  whose 
exertions  was  chiefly  owing  the  early  and  decided  re 
sistance  of  the  province  to  the  aggressions  of  Great 
Britain. 

It  can  detract  nothing  from  the  sterling  merit,  noth- 


INLFUENCE    IN    THE   COLONIAL    ASSEMBLY.  35 

ing  from  the  unquestionable  patriotism  of  Schuyler,  to 
say  that  Clinton  exercised  the  most  influence  in  the 
body  of  which  they  were  members.  As  Clarendon 
remarks  of  the  distinguished  leader  of  the  popular 
party  in  the  Long  Parliament,  "  His  power  and  in 
terest  at  that  time  were  greater  to  do  good  or  hurt 
than  any  man's  in  the  kingdom  ;  *  *  *  for  his  reputa 
tion  of  honesty  was  universal,  and  his  affections 
seemed  so  publicly  guided,  that  no  corrupt  or  private 
ends  could  bias  them.  *  *  *  *  He  was,  indeed,  a  very 
wise  man  and  of  great  parts,  and  possessed  with  the 
most  absolute  ^spirit  of  popularity,  and  the  most  abso 
lute  faculties  to  govern  the  people,  of  any  man  I  ever 
knew."* 

As  the  period  approached  when  it  became  certain 
that  a  redress  of  grievances  could  not  be  attained  by 
the  colonies  without  a  resort  to  arms — the  ultimata 
ratio  of  subjects  as  well  as  of  kings — Clinton,  and  his 
friends  and  associates,  took  a  more  decided  stand.  It 
did  not  require  the  dying  admonition  of  his  father, 
who,  with  his  latest  breath,  conjured  his  sons  "  to  stand 
by  the  liberties  of  America,"  to  arouse  his  patriotism 
or  quicken  his  zeal.  Personal  considerations  there 
were,  which,  had  his  heart  been  less  firm  and  his  prin 
ciples  less  fixed,  might  have  swerved  him  from  the 
cause  of  the  right.  His  friend  and  legal  preceptor, 
after  wavering  and  hesitating  for  a  long  time,  finally 
took  part  with  the  crown ;  official  honors  that  might 

*  History  of  the  Rebellion. 


36  GEORGE    CLINTON. 

have  dazzled  many  an  aspirant  to  fame  would  have 
been  gladly  heaped  upon  him  by  the  colonial  author 
ities,  had  he  but  signified  his  adhesion  to  the  loyalist 
party ;  and  shortly  after  the  contest  commenced,  the 
son  of  his  father's  friend,  Sir  Henry  Clinton,  was  en 
trusted  with  a  high  command  in  the  royal  army.  It 
was  not  too  late  even  then  to  retract ;  but  where  he 
had  cast  his  lot  he  preferred  to  remain,  not  from  ne 
cessity  but  from  choice.  With  Jay  and  Livingston, 
Yates  and  Lansing,  Hobart,  Du~ne,  Scott,  M'Dougal, 
Morris,  Hamilton  and  Duer,  he  continued  true  and 
steadfast  to  the  last.  With  them  he  associated  in 
council,  with  them  he  perilled  life  and  fortune ;  and 
although  differences  in  regard  to  questions  of  public 
policy  ultimately  sprang  up  between  them,  the  friend 
ships  formed  amid  the  trying  scenes  of  the  Revolution 
were  never  obliterated. 

On  the  22d  day  of  April,  1775,  Mr.  Clinton  was 
elected  one  of  the  delegates  to  the  second  continental 
congress,  by  the  provincial  convention  or  congress 
which  met  at  New  York.  He  took  his  seat  on  the 
15th  of  May  following.  In  the  body  to  which  he  was 
now  transferred,  he  advocated  all  the  warlike  measures 
that  were  adopted,  and  in  the  following  year  was  pres 
ent  and  voted  for  the  Declaration  of  Independence. 
In  consequence,  however,  of  the  invasion  of  New 
York,  and  the  internal  strife  and  dissensions  occasioned 
by  the  loyalists,  he  hastened  home  to  assume  the  com 
mand  of  the  militia  of  Ulster  county — he  having  been 


ELECTED    GOVERNOR.  37 

appointed  a  general  of  brigade — and  to  assist  in  the 
preparations  for  defence  then  being  made ;  from  which 
cause  he  was  absent  at  the  time  that  instrument  was 
regularly  signed. 

The  national  declaration  was  approved  by  the  New 
York  provincial  congress,  then  in  session  at  White 
Plains,  on  the  9th  of  July,  1776 ;  and  on  the  ensuing 
day  that  body  formally  assumed  the  title  of  "  The  Con 
vention  of  the  Representatives  of  the  State  of  New 
York."  In  accordance  with  the  recommendations  of 
the  Continental  Congress,  measures  were  soon  taken 
for  the  formation  of  a  State  Constitution.  A  conven 
tion  was  held  for  that  purpose  in  April,  1777 ;  and  on 
the  20th  instant,  a  constitution  drafted  by  John  Jay, 
one  of  the  members  of  a  committee  previously  selected 
to  perform  the  task,  was  duly  adopted.  Under  this 
constitution,  in  the  month  of  June  following,  George 
Clinton  was  elected,  with  great  unanimity,  both  as 
governor  and  lieutenant-governor.  Having  accepted 
the  former  office,  the  duties  of  the  latter  were  per 
formed  by  Pierre  Van  Cortlandt.  Robert  R.  Living 
ston  was  appointed  by  the  convention,  chancellor  of 
the  state ;  John  Jay,  Chief  Justice,  and  Robert  Yates 
and  John  Sloss  Hobart,  Associate  Justices,  of  the  Su 
preme  Court ;  John  Morin  Scott,  Secretary  of  State  ; 
Egbert  Benson,  Attorney-general ;  and  Comfort  Sands, 
Auditor-general. 

In  the  position  of  affairs  at  this  crisis,  it  may  truly 
be  said,  that  Governor  Clinton  entered  on  the  perform- 


38  GEORGE    CLINTON. 

ance  of  the  duties  of  his  high  office  under  circum 
stances  of  great  embarrassment.  It  is  well  known  that 
a  very  large  proportion  of  the  population  of  the  state 
were  either  open  and  avowed  loyalists,  or  at  heart  un 
friendly  or  indisposed  to  the  cause  of  independence. 
"  Of  all  the  colonies/'  says  the  son  and  biographer  of 
Mr.  Jay,  "New  York  was  probably  the  least  unani 
mous  in  the  assertion  and  defence  of  the  principles  of 
the  revolution.  In  almost  every  county  there  were 
many  who  openly  sided  wTith  the  mother  country,  and 
still  more  who  secretly  wished  her  success,  and  impa 
tiently  waited  for  the  moment  when  they  might,  with 
out  personal  danger,  claim  the  re\vard  of  loyalty.  The 
spirit  of  disaffection  was  most  extensive  on  Long 
Island,  and  had  probably  tainted  a  large  majority  of 
its  inhabitants.  In  Queens  county,  in  particular,  the 
people  had,  by  a  formal  vote,  refused  to  send  repre 
sentatives  to  the  colonial  Congress  or  Convention,  and 
had  declared  themselves  neutral  in  the  present  crisis."* 
Availing  themselves  of  the  prevailing  spirit  of  dis 
affection,  the  British  officers  who  conducted  the  military 
operations  against  the  revolted  colonies,  turned  their 
whole  power,  during  the  campaigns  of  '76  and  '77, 
against  the  state  of  New  York.  It  was  designed  to 
establish  a  chain  of  communication,  or  line  of  posts 
and  fortifications,  from  Sandy  Hook  to  the  St.  Law 
rence  ;  and  this  cut  off  New  England,  the  hot-bed  of 
sedition  and  rebellion,  from  the  support  of  the  southern 

*  Life  of  John  Jay,  vol.  i.  p.  41. 


NEW  YORK  DURING  THE  REVOLUTION.       39 

provinces.  Indeed,  throughout  the  whole  period  of 
the  revolution,  this  was  a  prominent  object  of  the 
royal  commanders ;  or,  at  least,  it  was  never  aban 
doned  until  the  treason  of  Arnold  had  failed  to  secure 
the  key  of  the  Hudson.  Meanwhile,  then,  New  York, 
with  the  assistance  generously  contributed  by  her  sister 
colonies,  but  no  more  than  her  due,  was  not  only 
defending  her  borders  from  the  murderous  forays  of 
Indians  and  Tories,  but  fighting  the  battles  of  New 
England.  Her  whole  seaboard  was  in  possession  of 
the  enemy,  and  her  western  and  northern  frontiers  girt 
by  a  cordon  of  merciless  and  infuriated  savages, 

'  More  fell  than  tigers  on  the  Libyan  plain." 

All  the  settlements  in  the  interior  of  New  York, 
comprised  within  a  line  extending  westwardly  from 
the  Sacondaga  to  the  rich  alluvial  flats  at  the  con 
fluence  of  West  Canada  creek  and  the  Mohawk, — 
thence  south  along  the  valley  of  the  Unadilla  and 
eastwardly  to  the  Kaatskill  mountains, — were  con 
stantly  agitated  by  scenes  of  bloodshed,  devastation, 
and  murder.  Of  the  whole  white  population,  full 
one  third,  consisting  mainly  of  the  Scotch  and  English 
settlers,  were  zealous  and  active  loyalists ;  another 
third  were  either  butchered,  or  driven  from  the  country 
by  the  savages ;  and  among  the  remainder,  when  the 
horrors  of  that  protracted  war  were  ended,  there  were 
more  than  three  hundred  widows  and  two  thousand 
orphans.  Tryon  county  might  well  be  called  the 


40  GEORGE    CLINTON. 

Acaldama  of  the  revolution;  for  though  greater 
battles,  in  which  superior  numbers  were  engaged,  may 
have  been  fought  on  other  fields,  "in  no  other  section 
of  the  confederacy  were  so  many  campaigns  per 
formed,  so  many  battles  fought,  so  many  dwellings 
burnt,  or  so  many  murders  committed."  * 

There  was  scarce  a  whig  family  in  this  whole 
district  but  mourned  the  loss  of  its  nearest  and  dearest 
relatives.  Not  a  few  were  deprived  of  every  male 
member ;  and  some,  from  the  gray-haired  sire  to  the 
infant  smiling  on  its  mother's  breast,  were  totally 
annihilated.  The  matron  saw  her  son  go  forth  at 
early  dawn,  in  the  pride  of  his  manly  strength, — but 
he  never  returned.  The  husband  and  father  fell  dead 
upon  his  threshold,  mingling  his  life-blood  with  that 
of  the  feeble  and  tender  ones  who  had  looked  to  him 
in  vain  for  protection.  Truly,  those  were  times  of 
fearful  peril  and  anxiety,  and  none  felt  it  more  keenly 
than  that  feeble  band,  who  formed  a  living  breastwrork 
against  the  avalanche  of  dark  warriors  rolling  down 
from  the  north ;  when  woman,  weak  and  timid  though 
she  was,  sometimes  forgot  the  kindlier  graces  and 
gentler  attributes  of  her  nature, — in  one  moment  lis 
tening  with  swelling  bosom  and  trembling  lips  to  the 
soft  tale  of  love,  and  in  the  next,  steeling  her  heart 
with  a  high  courage,  in  defence  of  those  for  whom  she 
was  ready  to  peril  everything  but  honor. 

In  view  of  these  undisputed  facts  staring  the  histor- 
*  Stone's  Life  of  Braiit,  vol.  il  p.  236. 


THE    WHIGS    OF    NEW    YORK.  41 

ical  reader  in  the  face,  how  ungenerous  is  the  sneer, 
how  unworthy  the  charge  of  a  New  England  writer,* 
that  New  York  was  slack  and  remiss  in  her  duty, — 
that  she  did  not  furnish  her  quota  of  troops,  when 
nearly  one  half  of  the  whig  population  were  waging 
an  unceasing  warfare  in  defence  of  their  firesides,  of 
their  wives  and  their  children !  What  though  the 
disproportion  between  the  whigs  and  loyalists  had  been 
still  greater, — should  this  detract,  in  aught,  from  the 
determined  stand,  and  the  praiseworthy  conduct,  of 
those  who  made  common  cause  with  their  brethren  in 
the  other  colonies,  though  suffering  far  less  from  the 
evils  of  which  the  latter  complained  ?  What  if  nine 
tenths  of  the  inhabitants  had  welcomed  Tryon  and 
Howe  with  open  arms — all  honor,  still,  to  Clinton  and 
Jay,  and  their  noble  compeers,  who  could  not  be  se 
duced  from  the  high  purpose  they  had  sworn  to  ac 
complish,  by  the  allurements  of  royal  favor,  and  who 
never  "  despaired  of  the  republic,"  when  the  land  was 
shrouded  in  darkness  and  gloom. 

During  the  latter  part  of  the  year  1776,  General 
George  Clinton  had  occupied  the  passes  and  forts  in 
the  Highlands  with  a  considerable  militia  force,  in 
order  to  prevent  the  British  from  ascending  the  river. 
In  the  spring  of  1777,  at  the  request  of  the  state,  the 
national  Congress  decided  to  select  a  commander  of 
the  posts  in  that  quarter.  This  appointment,  with  the 
rank  of  a  brigadier  general  in  the  continental  service, 

*  Sabine's  American  Loyalists,  pp.  17,  18. 


42  GEORGE    CLINTON. 

was  accordingly  conferred  upon  him;  and  it  need 
scarcely  be  added,  that  all  its  duties  were  discharged 
faithfully  and  with  promptitude. 

The  first  republican  legislature  of  New  York  met  at 
Kingston,  on  the  1st  day  of  September,  1777.  Owing 
to  the  distracted  state  of  the  country,  a  quorum  of  the 
members  did  not  arrive  till  the  10th  instant;  when 
Governor  Clinton  delivered,  orally,  his  first  official 
address.  It  was  brief,  but  pertinent,  and,  of  course, 
almost  entirely  occupied  with  the  engrossing  subject 
of  the  war.  At  this  time,  it  will  be  recollected, 
General  Burgoyne  had  advanced  from  the  north,  at 
the  head  of  a  numerous  and  well-appointed  body  of 
troops,  almost  to  within  striking  distance  of  Albany, 
at  which  point  he  hoped  to  effect  a  junction  with  the 
southern  army.  It,  therefore,  became  highly  important 
to  the  success  of  this  project,  that  the  British  then  in 
possession  of  the  city  should  secure  the  posts  in  the 
Highlands,  and  thus  obtain  the  command  of  the  river. 
The  absence  of  Washington  at  the  south  with  the 
great  body  of  the  continental  army  seemed  to  favor 
the  contemplated  movement ;  and  on  the  arrival  of  the 
reinforcements  which  had  been  for  some  time  expected, 
Sir  Henry  Clinton,  the  officer  in  command  at  New 
York,  made  immediate  preparations  for  the  ascent  of 
the  river. 

On  the  4th  day  of  October  he  landed  at  Tarrytown 
with  over  three  thousand  men, — designing  to  mask  the 
enterprise  he  had  in  view  by  threatening  an  attack 


ATTACK    ON    THE    HIGHLANDS.  43 

upon  Peekskill,  at  which  place  lay  General  Putnam 
with  one  thousand  continental  troops.  Intelligence  of 
the  enemy's  movements  was  immediately  communi 
cated  to  Governor  Clinton  by  express,  who  forthwith 
prorogued  the  legislature,  and  hastened  to  the  defence 
of  the  posts,  where  his  brother  General  James  Clinton 
had  been  left  in  command  with  but  about  six  hundred 
militia.  These  were  Forts  Clinton  and  Montgomery, 
on  the  west  side  of  the  river,  opposite  the  lower 
Anthony's  nose.  The  two  fortifications  were  sepa 
rated  from  each  other  by  a  narrow  stream,  emptying 
into  the  Hudson ;  and,  if  completed,  would  have  been 
almost  impregnable.  But,  although  they  were  still  in 
an  unfinished  state,  they  commanded  the  passage  of 
the  river,  the  channel  of  which  was  obstructed  by 
chevaux-de-frise,  a  boom  and  chains. 

"  In  the  meantime,"  says  the  account  of  this  attack 
in  the  American  Biographical  Dictionary,  "  the  British 
troops  were  secretly  conveyed  across  the  river,  and 
assaults  on  our  forts  were  meditated  to  be  made  on  the 
6th,  which  were  accordingly  put  in  execution,  by  at 
tacking  the  American  advanced  party  at  Doodletown, 
about  two  miles  and  a  half  from  Fort  Montgomery. 
The  Americans  received  the  fire  of  the  British,  and 
retreated  to  Fort  Clinton.  The  enemy  then  advanced 
to  the  west  side  of  the  mountain,  in  order  to  attack 
our  troops  in  the  rear.  Governor  Clinton  immediately 
ordered  out  a  detachment  of  one  hundred  men  towards 
Doodletown,  and  another  of  sixty,  with  a  brass  field- 


44  GEORGE    CLINTON. 

piece,  to  an  eligible  spot  on  another  road.  They  were 
both  soon  attacked  by  the  whole  force  of  the  enemy, 
and  compelled  to  fall  back.  It  has  been  remarked, 
that  the  talents,  as  well  as  the  temper  of  a  commander, 
are  put  to  as  severe  a  test  in  conducting  a  retreat,  as 
in  achieving  a  victory.  The  truth  of  this  Governor 
Clinton  experienced,  when,  with  great  bravery  and  the 
most  perfect  order,  he  retired  till  he  reached  the  fort. 
He  lost  no  time  in  placing  his  men  in  the  best  manner 
that  circumstances  would  permit.  His  post  [Fort 
Montgomery],  however,  as  well  as  Fort  Clinton,  in  a 
few  minutes  were  invaded  on  every  side.  In  the 
midst  of  this  disheartening  and  appalling  disaster,  he 
was  summoned,  when  the  sun  was  only  an  hour  high, 
to  surrender  in  five  minutes ;  but  his  gallant  spirit  re 
fused  to  obey  the  call.  In  a  short  time  after,  the 
British  made  a  general  and  most  desperate  attack  on 
both  posts,  which  was  received  by  the  Americans  with 
undismayed  courage  and  resistance.  Officers  and 
men,  militia  and  continentals,  all  behaved  alike  brave. 
An  incessant  fire  was  kept  up  till  dark,  when  our 
troops  were  overpowered  by  numbers,  who  forced  the 
lines  and  redoubts  at  both  posts.  Many  of  the  Ameri 
cans  fought  their  way  out.  Others  accidentally  mixed 
with  the  enemy,  and  thus  made  their  escape  effec 
tually  ;  for,  besides  being  favored  by  the  darkness  of 
the  night,  they  knew  the  various  avenues  in  the 
mountains." 

From  two  o'clock  until  dark,  this  unequal  contest 


ESCAPE    FROM    THE    ENEMY.  45 

was  maintained  by  the  two  Clintons — the  Governor 
commanding  at  Fort  Montgomery  and  James  at  Fort 
Clinton — with  the  mere  handful  of  men  under  their 
command.  Repeatedly  during  the  assault,  the  Gover 
nor  was  urged  by  his  brother  to  make  his  escape,  as  it 
would  be  highly  injurious  to  the  patriot  cause  to  have 
him  taken  prisoner.  The  former  refused  to  leave, 
however,  insisting  that  they  could  maintain  the  posts 
till  nightfall,  when  he  would  take  his  chance  with  the 
rest.  Both  therefore  remained  until  dark,  when  the 
enemy  saw  by  the  flashing  of  the  American  pieces, 
that  the  lines  were  not  more  than  half  manned  in 
consequence  of  the  small  number  of  troops  in  the 
forts ;  whereupon,  the  assault  was  successfully  made. 
By  mingling  writh  the  victors,  the  Clintons  made  their 
escape.  George  managed  to  cross  the  river  in  a  boat, 
and  James,  though  severely  wounded,  took  advantage 
of  a  favorable  opportunity,  amid  the  confusion,  and 
gave  spurs  to  his  horse.  Being  pursued,  he  eluded 
those  who  were  upon  his  track  by  slipping  the  bridle 
from  his  horse,  and  letting  himself  from  shrub  to  shrub, 
down  a  steep  precipice  one  hundred  feet  high.  Pro 
ceeding  up  the  gorge  at  the  foot  of  the  precipice,  to 
the  mountains,  he  found  a  horse  in  the  morning,  upon 
which  he  reached  his  house,  about  sixteen  miles  distant 
from  the  forts,  almost  exhausted  by  fatigue  and  the  loss 
of  blood. 

Among   the    prisoners   taken    by   the   enemy   was 
Colonel  M'Claughry,  the  brother-in-law  of  the  Clintons, 


46  GEORGE    CLINTON. 

who  was  brought  before  the  British  general.  On 
seeing  him,  Sir  Henry  instantly  inquired — "Where 
is  my  friend,  George?"  "Thank  God!"  replied 
Mdaughry,  "  he  is  safe,  and  beyond  the  reach  of 
your  friendship !" 

No  permanent  advantage  resulted  to  the  British 
from  their  success  on  this  occasion.  While  Sir  Henry 
Clinton  was  occupying  the  entrance  to  the  Highlands, 
Burgoyne  and  his  proud  army  sustained  a  severe 
defeat  on  the  heights  of  Saratoga,  and  a  few  days  later 
the  campaign  in  that  quarter  terminated,  gloriously  for 
the  American  arms,  and  fortunately  for  the  cause, 
in  the  surrender  of  himself  and  his  whole  command, 
to  the  victorious  Gates.  Disappointed  and  chagrined 
at  this  result,  Sir  Henry  Clinton  was  obliged  to  content 
himself  with  dismantling  the  forts  he  had  captured, 
and  removing  the  obstructions  in  the  river ;  and  on  the 
approach  of  the  winter  season,  the  British  again  fell 
back  within  their  lines  in  the  neighborhood  of  New 
York. 

The  successful  attempt  of  Sir  Henry  Clinton  on  the 
American  forts  at  the  entrance  of  the  Highlands, 
demonstrated  the  importance  of  providing  in  a  more 
effectual  manner  for  the  defence  of  the  river.  Gover 
nor  Clinton  immediately  urged  the  subject  upon  the 
attention  of  Congress,  and  in  the  winter  of  1778,  the 
site  of  Fort  Putnam,  at  West  Point,  was  selected  by 
the  veteran  general,  in  whose  honor  it  was  named,  and 
the  ground  broken  under  his  direction.  By  dint  of 


DIFFICULTY    WITH    VERMONT.  47 

great  personal  exertion,  and  through  his  extensive 
popularity  among  the  inhabitants  of  the  adjacent 
country,  Governor  Clinton  procured  most  of  the 
materials  used  in  the  construction  of  the  work. 

During  the  continuance  of  the  war,  the  governor, 
and  the  legislature  of  the  state,  when  in  session,  were 
mainly  occupied  in  providing  for  the  public  defence 
and  security.  This  was  the  all-engrossing  subject, 
with  which  almost  every  measure  of  legislature  was 
directly  or  indirectly  connected ;  and  the  time  of  the 
Executive  was  fully  employed  in  carrying  their  enact 
ments  into  effect,  and  in  the  discharge  of  his  duties  as 
commander-in-chief  of  the  militia.  The  protracted 
dispute  in  regard  to  the  north-eastern  boundary  line  of 
New  York,  which,  for  a  period  of  twenty-six  years, 
occasioned  a  great  deal  of  strife  and  bitterness  of 
feeling,  between  the  citizens  and  the  inhabitants  living 
on  the  Hampshire  Grants,  who,  in  1777,  had  organized 
themselves  into  the  separate  state  of  Vermont,  was  not 
entirely  lost  sight  of  by  her  authorities.  As  in  duty 
bound,  Governor  Clinton  repeatedly  laid  the  subject 
before  the  legislature  for  their  consideration  ;  but  the 
more  important  topics  demanding  attention,  forbade  any 
definite  action  upon  it  until  after  the  close  of  the  war. 
The  controversy  was  then  continued  for  several  years, 
in  the  same  spirit  as  before,  but  conciliatory  counsels 
ultimately  prevailed ;  Vermont  paid  a  certain  sum  of 
money  to  New  York,  in  consideration  of  the  release 
of  the  claim  maintained  by  the  latter,  and  was  duly 


48  GEORGE    CLINTON. 

admitted  into  the  union  as  a  sovereign  state,  in  the 
year  1791. 

In  1780,  Governor  Clinton  was  re-elected,  with  the 
same  unanimity  that  had  characterized  his  original  se 
lection  as  the  chief  magistrate  of  the  state.  His 
unquestioned  patriotism  and  his  strenuous  efforts  in  the 
cause  of  American  Independence,  united  in  his  favor 
the  good  wishes  of  the  entire  whig  population  of  the 
state ;  and  no  one  thought  seriously  of  bringing  forward 
a  candidate,  in  opposition  to  an  officer  who  had  served 
them  so  faithfully. 

British  statesmen  were  at/length  forced  to  admit, 
what  they  had  hitherto  affected  to  doubt,  that  the  sub 
jugation  of  the  colonies  was  a  hopeless  attempt.  All 
their  projects  had  been  frustrated — all  their  plans  com 
pletely  foiled — and  a  pacification  was  now  as  desirable 
to  them,  as  to  those  who  had  rallied  around  the  revolu 
tionary  standard  amidst  storm  and  darkness,  and  upheld 
it  triumphantly  through  perils  and  hardships  from 
which  they  anxiously  desired  to  be  relieved,  but  only 
when  the  prize  for  which  they  aimed  had  been  secured. 
Peace  and  quiet  were  once  more  restored;  and  the 
young  state  of  New  York,  freed  from  the  incubus  of 
tyrannical  oppression  which  had  so  long  weighed  down 
the  energies  of  the  American  Colonies,  under  the  lead 
and  direction  of  her  distinguished  men, — of  her  Clin 
tons  and  Livingstons,  her  Jays  and  her  Hamiltons, — 
advanced  with,  rapid  strides  upon  the  high  and  pros 
perous  career  that  opened  before  her. 


RE-ELECTED    GOVERNOR.  49 

Side  by  side  with  Washington,  George  Clinton  en 
tered  the  city  of  New  York,  on  its  evacuation  by  the 
British,  at  the  head  of  the  civil  and  military  procession 
which  threaded  its  streets  on  that  memorable  25th  of 
November,  1783,  with  banners  floating  proudly  in 
triumph,  and  drums  and  trumpets  echoing  back  the 
joyous  shouts  of  those  who  came  to  welcome  them. 
Previous  to  this  event,  and  in  the  same  year,  Mr. 
Clinton  had  been  again  selected  as  the  chief  magistrate 
of  the  state  for  another  period  of  three  years ;  and  by 
repeated  re-elections,  he  was  continued  in  that  high 
office  until  1795. 

Prominent  among  the  subjects  which  Governor 
Clinton  recommended  to  the  consideration  of  the  state 
legislature,  after  the  termination  of  hostilities,  and  the 
restoration  of  tranquillity,  were  those  of  education  and 
internal  improvements.  In  pursuance  of  his  recom 
mendations,  the  board  of  regents  of  the  university  was 
established  by  an  act  passed  in  1784 ;  in  1789,  lands 
were  set  apart  in  the  new  townships  for  the  promotion 
of  literature  and  the  support  of  common  schools ;  and 
in  1795,  a  law  was  enacted  appropriating  the  sum  of 
fifty  thousand  dollars  annually,  for  five  years,  for  the 
support  of  common  schools. 

With  the  valuable  suggestions  contained  in  his  ad 
dresses  to  the  legislature,  from  year  to  year,  in  regard 
to  fostering  the  cause  of  education,  then  in  its  infancy 
and  especially  in  need  of  encouragement  from  the 
state  authorities,  were  connected  many  cogent  argu- 


50  GEORGE    CLINTON. 

ments  in  favor  of  constructing  works  of  internal  im 
provement,  with  a  view  of  developing  the  resources 
of  New  York — at  this  early  period  already  affording 
the  glorious  promise  of  that  brilliant  destiny  which  is 
now  being  fulfilled — and  opening  the  virgin  wilderness 
in  the  interior,  whose  soil  has  since  then  nourished  so 
many  abundant  harvests,  to  the  enterprising  and  in 
dustrious  settler.  In  the  campaign  of  1758,  he  had 
accompanied  Bradstreet  by  way  of  the  Mohawk, 
Wood  Creek,  Oneida  Lake,  and  the  Oswego  River, 
to  Lake  Ontario.  Subsequently,  during  the  suspension 
of  hostilities  in  the  summer  of  1783,  in  company  with 
General  Washington,  he  had  visited  the  battle-fields 
at  Saratoga,  and  passed  up  the  valley  of  the  Mohawk 
to  Fort  Schuyler.  These  repeated  visits  to  this 
section  of  the  state  had  not  only  made  him  acquainted 
with  the  agricultural  capacity  of  the  interior,  but  had 
convinced  him  of  the  rare  facilities  afforded  for  inter 
nal  water  communication. 

In  his  annual  speech  to  the  legislature,  delivered  on 
the  5th  day  of  January,  1791,  he  recommended  the 
organization  of  a  society  for  the  promotion  of  agri 
culture,  arts,  and  manufactures ;  which  suggestion  was 
approved  by  the  legislature,  and  an  act  passed  in  ac 
cordance  therewith.  With  respect  to  internal  im 
provements  he  held  the  following  language,  which  is 
of  particular  interest,  as  being  the  first  executive 
recommendation  in  relation  to  a  subject  now  regarded 
of  paramount  importance : — "Our  frontier  settlements," 


INLAND  NAVIGATION  RECOMMENDED.  51 

said  he,  "  freed  from  apprehensions  of  danger,  are 
rapidly  increasing,  and  must  soon  yield  extensive 
resources  for  profitable  commerce ;  this  consideration 
forcibly  recommends  the  policy  of  continuing  to  facili 
tate  the  means  of  communication  with  them,  as  well 
to  strengthen  the  bands  of  society  as  to  prevent  the 
produce  of  those  fertile  districts  from  being  diverted 
to  other  markets."  In  accordance  with  the  recom 
mendations  of  the  governor,  an  act  was  passed  "  con 
cerning  roads  and  inland  navigation,"  directing  the 
Commissioners  of  the  Land  Office,  to  cause  the  lands 
between  the  Mohawk  and  Wood  Creek,  in  Herkimer 
county,  and  between  the  Hudson  River  and  Wood 
Creek,  in  Washington  county,  to  be  explored,  and 
estimates  made  of  the  probable  expense  of  construc 
ting  canals  between  those  points. 

At  the  ensuing  session  of  the  legislature,  in  the 
winter  of  1792,  the  Commissioners  made  their  report, 
in  communicating  which  the  governor  remarked,  that 
the  practicability  of  effecting  the  desired  object  at  a 
very  moderate  expense,  had  been  ascertained ;  and  he 
trusted,  that  a  measure  so  interesting  to  the  community 
would  continue  to  command  the  attention  due  to  its 
importance,  and  especially  as  the  resources  of  the 
state  would  prove  adequate  to  those  and  other  useful 
improvements  without  the  aid  of  taxes.  Acts  were 
now  passed  providing  for  the  formation  of  two  com 
panies — the  Northern  and  the  Western  Inland  Lock 
Navigation  Companies — to  improve  the  navigation  of 


52  GEORGE    CLINTON. 

the  Hudson  and  Mohawk,  and  to  connect  the  Oneida 
and  Ontario  lakes  with  the  latter,  and  Lake  Champlain 
with  the  former.  Furthermore,  the  state  agreed  to 
become  a  subscriber  to  the  capital  stock  of  the  two 
companies,  and  as  an  additional  encouragement,  to 
present  them  with  a  free  gift,  or  bonus,  of  several 
thousand  pounds,  whenever  their  expenditures  had 
amounted  to  a  certain  sum. 

In  his  annual  address  on  the  7th  of  January,  1794, 
the  governor  again  referred  to  the  subject,  in  the 
following  terms  : — "  The  Northern  and  Western  Com 
panies  of  Inland  Lock  Navigation,  having,  agreeably 
to  law,  produced  authentic  accounts  of  their  expen 
ditures,  I  have  given  the  necessary  certificates  to 
entitle  them  to  receive  from  the  treasury  the  sum  of 
ten  thousand  pounds,  as  a  free  gift  on  the  part  of  this 
state  towards  the  prosecution  of  those  interesting 
objects.  Although  the  care  of  improving  and  opening 
these  navigations  be  committed  to  private  companies, 
they  will  require,  and  no  doubt  from  time  to  time 
receive,  from  the  legislature,  every  fostering  aid  and 
patronage  commensurate  to  the  great  public  advan 
tages  which  must  result  from  the  improvement  of  the 
means  of  intercourse."* 

Such  were  the  germs — such  the  feeble  beginning — 
under  the  auspices  of  George  Clinton,  of  that  mighty 
system  of  inland  water  communication,  afterwards 

*  The  Western  Company  did  not  complete  their  works  until  1797. 
In  1820,  they  were  transferred  to  the  state. 


DIVISION    OF   PARTIES.  53 

carried  out  and  completed  by  the  genius  and  perse 
verance  of  his  illustrious  nephew,  which  has  contrib 
uted  so  much  to  the  growth  and  prosperity  of  New 
York,  and  to  the  substantial  welfare  and  advantage  of 
her  enterprising  citizens.  To  the  sagacity  and  foresight 
of  our  first  governor,  we  are  much  indebted,  therefore, 
for  the  early  efforts  in  the  cause  of  internal  improve 
ment,  although  they  were  not  immediately  productive 
of  any  very  beneficial  results.  Indeed  every  measure 
proposed  while  he  was  at  the  head  of  the  state  ad 
ministration,  that  appeared  calculated  to  advance  the 
interests  or  promote  the  happiness  of  his  fellow- 
citizens,  always  received  his  cordial  approbation  and 
support. 

During  the  revolution  there  may  be  said  to  have 
been  but  one  political  party  among  the  whig  colonists ; 
and  it  is  usual  to  refer  to  the  adoption  of  the  federal 
constitution  as  the  question  upon  which  the  first  great 
division  of  parties  took  place.  Parties  did  exist, 
however,  in  some  or  all  of  the  states,  previous  to  the 
agitation  of  that  subject,  though  the  distinction  be 
tween  them  was  not  strictly  made  nor  clearly  defined 
until  after  the  adjournment  of  the  federal  convention. 
When  the  confiscation  act  of  1779  was  passed  by  the 
legislature  of  New  York,  it  encountered  the  opposition 
of  a  large  and  respectable  minority  of  the  whigs,  who 
notwithstanding,  were  equally  attached  with  the 
majority  to  the  great  cause  in  which  they  had  em 
barked  together.  On  the  one  side  it  was  said  that  it 


54  GEORGE    CLINTON. 

was  but  just  and  proper  that  they  should  show  some 
degree  of  lenity  to  the  loyalists,  who  were  probably  as 
sincere  in  their  opinions  as  those  who  differed  from 
them  ;  and  that,  by  adopting  a  generous  and  magnani 
mous  course,  those  who  had  left  the  country  might  be 
induced  to  return  when  hostilities  had  ceased.  On  the 
other  hand  it  was  contended,  that  the  law  of  necessity, 
and  the  law  of  revolution,  so  to  speak,  gave  them  the 
undoubted  right  to  confiscate  the  property  of  every 
adherent  of  the  crown,  and  those  who  suffered  from 
the  operation  of  this  revolutionary  right,  must  look 
to  the  government  to  which  they  acknowledged  al 
legiance  for  redress;  and  further,  that  it  was  not  de 
sirable  to  have  enemies  to  their  independence  return 
among  them.  The  opponents  of  the  confiscation  act 
and  other  similar  measures  were  styled  moderate  whigs, 
and  the  majority  were  called  ultra  whigs.  The  former, 
as  a  general  rule,  became  federalists, — and  the  latter 
anti-federalists  or  republicans.  Hamilton,  Jay,  Schuy- 
ler,  and  the  Livingstons,  were  the  principal  men  among 
the  moderate  whigs,  while  their  opponents  were  headed 
by  George  Clinton,  Robert  Yates,  and  John  Lansing, 
Jun.  The  Livingstons  ultimately  changed  sides,  and 
attached  themselves  to  the  republican  party. 

Another  measure,  agitated  for  several  years  in  suc 
cession  in  one  form  or  another,  contributed  largely  to 
the  first  organization  of  political  parties  in  the  state  of 
New  York.  In  the  year  1781,  an  act  was  passed  by 
the  legislature,  in  accordance  with  the  recommendation 


SURRENDER  OF  THE  REVENUE.  55 

of  the  Congress  of  the  Confederation,  granting  to  the 
United  States  the  import  duties  accruing  at  the  port 
of  New  York,  to  be  levied  and  collected  "  under  such 
penalties  and  regulations,  and  by  such  officers,  as  Con 
gress  should  from  time  to  time  make,  order,  and  ap 
point."  This  act  was  not  cordially  approved  by  Gov 
ernor  Clinton  and  his  friends,  and  subsequently  they 
took  a  decided  stand  in  opposition  to  the  surrender  of 
the  revenue ;  alleging,  in  support  of  their  position,  that 
the  state,  as  an  independent  sovereignty,  had  associated 
with  the  other  colonies  only  for  the  purpose  of  mutual 
assistance  and  protection,  and  that  she  ought  not  to 
give  up  this  source  of  wealth  to  the  nation  at  large. 
At  their  instance,  therefore,  the  act  was  repealed  in 
March,  1783,  and  a  new  one  passed,  granting  the  du 
ties  to  the  United  States,  but  directing  their  collection 
to  be  made  by  officers  appointed  by  the  state.  The 
act  of  1783  was  subsequently  amended  so  as  to  render 
the  collectors  amenable  to  and  removable  by,  the  au 
thorities  of  the  United  States.  By  this  time  parties 
had  been  formed  in  regard  to  this  measure,  though 
personal  relations  were  not  yet  affected  to  any  great 
extent  by  these  divisions.  It  had  now  become  quite 
evident,  however,  that  Governor  Clinton  and  his  friends 
would  not  be  favorably  disposed  to  the  formation  of  a 
strong  federal  government,  and  its  advocates  conceived 
the  idea  of  bringing  forward  a  candidate  in  opposition 
to  him.  Mr.  Jay  was  solicited  by  General  Schuyler 
to  allow  the  use  of  his  name  for  that  purpose,  in  the 


56  GEORGE    CLINTON. 

summer  of  1785,  but  declined  to  do  so.  On  this  ac 
count,  and  as  it  was  pretty  well  ascertained  that  Gov 
ernor  Clinton  would  receive  the  support,  from  personal 
considerations,  of  a  large  portion  of  those  who  dis 
agreed  with  him  in  relation  to  the  confiscation  act  and 
the  surrender  of  the  revenue,  no  further  effort  was 
made  to  prevent  his  re-election,  as  we  shall  see,  until 
the  year  1789. 

In  1786,  another  law  in  regard  to  the  revenue  was 
enacted,  under  which  the  revenue  was  granted  to 
Congress,  but  the  state  reserved  "  the  sole  power  of 
levying  and  collecting  the  duties."  Congress  treated 
this  law  as  a  nullity,  and  passed  a  resolution  request 
ing  Governor  Clinton  to  convene  the  legislature  for  an 
extra  session,  in  order  that  the  subject  might  be  again 
submitted  to  their  consideration.  With  that  sturdy 
determination  eminently  characteristic  of  the  man,  he 
refused  to  call  the  legislature  together,  but  laid  the 
whole  subject  before  that  body,  in  his  speech  at  the 
commencement  of  the  session  in  1787.  The  course 
of  the  governor  was  approved  by  a  large  majority,  but 
the  power  of  collecting  the  duties  was  given  to  the 
general  government  by  a  subsequent  legislature. 

Governor  Clinton  was  one  of  the  foremost  and  most 
decided  opponents  of  the  federal  constitution,  as  it  was 
originally  formed,  and  for  that  reason  he  has  been  con 
sidered  as  the  father  and  founder  of  the  republican 
party  in  the  state  of  New  York.  He  approved  of  the 
withdrawal  of  Messrs.  Yates  and  Lansing,  the  two 


THE    NEW    YORK    CONVENTION.  57 

anti-federal  delegates  from  this  state  to  the  Philadel 
phia  Convention,  and  remained  steadfast  in  his  opposi 
tion  to  the  instrument  framed  in  that  body,  until  the 
amendments  adopted  at  the  suggestion  of  New  York 
and  other  states  removed  the  objectionable  features  to 
which  he  took  exception.  He  was  elected  from  the 
county  of  Ulster  as  a  delegate  to  the  State  Convention 
called  to  consider  the  propriety  of  adopting  the  federal 
constitution,  and  was  unanimously  chosen  to  preside 
over  its  deliberations.  This  convention  assembled  at 
Poughkeepsie  on  the  17th  of  June,  1788.  A  very 
large  majority  of  the  delegates  were  anti-federalists ; 
and  had  the  question  been  taken  immediately  after  the 
organization  of  the  convention,  there  can  be  no  doubt 
that  the  constitution  would  have  been  rejected  by  a 
decided  vote.  But  while  the  subject  was  still  under 
discussion,  the  intelligence  was  received  that  New- 
Hampshire,  the  ninth  state,  had  duly  ratified  the  con 
stitution.  The  question  now  assumed  a  new  aspect ; 
it  was  no  longer  one  of  principle,  but  one  of  expedi 
ency  ;  and  the  New  York  Convention,  instead  of  being 
called  upon  to  express  their  approbation  of  the  con 
stitution,  were  in  fact  required  to  decide  whether  or 
no  they  would  secede  from  the  Union.  Governor 
Clinton  saw  the  dilemma  in  which  he  was  placed,  and 
though  for  the  sake  of  consistency,  he  felt  bound  to 
persevere  in  his  opposition  to  the  ratification  of  the 
constitution,  several  of  his  warmest  personal  friends 
in  the  convention,  acting  doubtless,  under  his  advice, 
3* 


GEORGE    CLINTON. 


with  a  sufficient  number  of  other  anti-federal  delegates, 
united  with  the  federalists  on  taking  the  final  vote. 
The  resolution  ratifying  the  Constitution  was  passed 
by  a  majority  of  three  votes,  "  in  full  confidence,"  as 
its  language  purports,  "  that  the  amendments  proposed 
by  this  Convention  will  be  adopted."  A  circular  letter 
urging  the  other  states  to  co-operate  with  New  York  in 
procuring  the  adoption  of  the  amendments  proposed 
by  her  convention,  was  prepared  and  signed  by  the 
members.  Before  retiring  from  the  chair  and  closing 
the  session,  Governor  Clinton  delivered  a  short  but 
eloquent  address,  in  which  he  expressed  his  firm  con 
viction  that  a  majority  of  the  people  of  the  state  were 
opposed  to  the  federal  constitution,  but  pledged  himself 
to  exert  his  power  and  influence  in  the  maintenance 
of  peace  and  good  order. 

No  further  efforts  were  made  by  the  anti-federalists 
of  New- York  in  opposition  to  the  adoption  of  the 
federal  constitution ;  and  when  the  amendments  were 
adopted,  they  became  generally  contented  with  its 
provisions.  Governor  Clinton  undoubtedly  foresaw 
the  future  power  and  greatness  of  his  native  state,  and 
it  was  but  natural  that  he  should  feel  averse  to  her 
making  so  great  a  sacrifice  for  the  general  welfare,  as 
she  was  called  upon  to  do  by  the  surrender  of  her  import 
ant  revenues,  and,  in  a  degree,  of  her  sovereignty  as  an 
independent  state,  to  the  confederated  Union.  When 
the  Constitution  went  into  effect,  he  appeared  among 
those  who  welcomed  Washington  to  the  chair  of  state ; 


HIS    REELECTION    OPPOSED.  59 

and,  both  by  his  precept  and  example,  he  encouraged 
others  to  conform  to  the  requirements  of  the  funda 
mental  law  of  the  land,  and  always  manifested  great 
anxiety  lest  the  powers  of  the  general  government 
should  be  enlarged  by  construction. 

Party  lines  were  now  drawn  with  considerable 
stringency.  In  New  York  the  anti-federalists,  or  re 
publicans,  were  much  the  most  numerous;  but  their 
opponents,  though  in  the  minority,  numbered  among 
them  a  great  many  of  the  most  active  and  talented 
politicians  in  the  state.  As  the  time  for  the  guberna 
torial  election  in  1789  approached,  the  latter  concluded 
that  it  would  be  a  hopeless  attempt  to  defeat  Governor 
Clinton  by  running  an  avowed  federalist  against  him, 
and  that  it  would  be  absolutely  necessary  to  withdraw 
a  portion  of  the  anti-federalists  from  his  support- 
With  this  view  a  somewhat  questionable  ruse  in  po 
litical  warfare  was  practised.  Robert  Yates,  one  of 
the  judges  of  the  Supreme  Court,  and  a  decided  op 
ponent  of  the  federal  constitution  until  its  ratification 
by  the  State  Convention,  was  selected  as  the  candidate 
to  oppose  Governor  Clinton  by  the  leading  federalists 
and  a  few  republicans  who  had  become  dissatisfied 
with  his  administration,  mainly  from  personal  con 
siderations.  The  election  was  warmly  contested ;  but 
in  those  districts  where  the  respective  candidates  re 
sided,  the  voters  seemed  to  regard  it  rather  as  a  ques 
tion  of  individual  preference,  than  of  political  opinion. 
Hence,  the  western  district  gave  a  large  majority  for 


60  GEORGE    CLINTON. 

Mr.  Yates,  while  the  county  of  Ulster  bestowed  five 
sixths  of  her  suffrages  for  her  favorite,  Mr.  Clinton. 
None  but  freeholders  voted  at  that  time  for  governor, 
and  there  were  only  about  twelve  thousand  votes  taken 
in  the  whole  state.  Of  these  Governor  Clinton  re 
ceived  a  majority  of  four  hundred  and  twenty-nine. 

It  was  a  high  evidence  of  the  governor's  personal 
popularity,  that  he  was  elected,  in  spite  of  the  power 
ful  influences  brought  to  bear  against  him,  although  a 
majority  of  the  members  of  the  legislature  chosen  at 
this  election,  were  federalists.  From  1789  to  1792,  his 
administration  was  opposed,  on  repeated  occasions,  by 
the  federalists ;  and  just  on  the  eve  of  the  election  in 
the  latter  year,  a  most  bitter  personal  assault  was  made 
on  him,  by  his  political  opponents  in  the  legislature, 
based  upon  alleged  misconduct  as  one  of  the  commis 
sioners  of  the  Land  Office,  in  the  sale  of  the  wild  and 
uncultivated  lands  belonging  to  the  state.  Subsequent 
investigations  showed  most  conclusively  that  these 
charges  were  without  any  foundation  in  truth,  but 
great  use  was  made  of  them  by  the  federalists  in  1792 
to  secure  the  defeat  of  Mr.  Clinton.  At  this  election 
John  Jay  was  the  opposing  candidate,  and  in  addition 
to  the  unusual  share  of  popularity  which  he  enjoyed, 
the  influence  of  the  federal  government  was  exerted 
in  his  favor. 

Governor  Clinton  possessed  considerable  shrewdness 
as  the  manager  and  head  of  a  political  party,  and 
was  a  pretty  accurate  judge  of  human  nature.  He 


EXECUTIVE    PATRONAGE.  61 

had  observed  much,  and  had  studied  men  and  the 
motives  that  animated  them,  all  his  life-time.  As  the 
head  of  the  appointing  power  in  this  state,  he  wielded 
the  patronage  placed  in  his  hands,  in  a  manner  cal 
culated  not  to  give  offence,  but  so  as  to  strengthen  his 
own  popularity,  and  to  advance  his  own  views  in 
regard  to  questions  of  public  policy,  as  far  as  was  con 
sistent  and  proper.  After  the  organization  of  the 
federal  government,  through  the  influence,  probably, 
of  Mr.  Hamilton,  all  the  principal  offices  in  the  gift  of 
the  former  were  given  to  the  political  opponents  of  the 
governor;  and  from  this  time  forward,  he  was  less 
chary  in  the  bestowal  of  official  favors  on  his  friends 
in  preference  to  those  who  opposed  him.  Like  most 
politicians — perhaps  like  all — he  considered  that  the 
interests  of  the  state  and  nation  required  that  the 
views  and  opinions  which  he  advocated  should  become 
more  generally  prevalent ;  and  his  own  personal  suc 
cess,  therefore,  seemed,  in  his  estimation,  to  be  inter 
woven  with,  and  to  be  necessary  to,  the  triumph  of  his 
principles. 

The  canvass  for  governor,  at  the  April  election  in 
1792,  was  highly  animated.  Nearly  seventeen  thousand 
votes  were  cast,  a  majority  of  which  were  given  for 
Mr.  Jay.  The  canvassing  committee  consisted  of 
twelve  members  of  the  legislature,  six  of  whom  were 
chosen  by  each  house.  When  they  assembled,  ob 
jections  were  made  to  allowing  the  ballots  taken  in  the 
counties  of  Otsego,  Clinton,  and  Tioga,  on  account  of 


62  GEORGE    CLINTON. 

alleged  informalities.  The  subject  was  referred  to  the 
two  senators  in  Congress,  Rufus  King  and  Aaron 
Burr,  who  disagreed  in  opinion ;  whereupon,  a  majority 
of  the  canvassers  decided  to  reject  the  votes,  and  the 
certificate  was  given  to  Mr.  Clinton,  who  was  declared 
elected  by  a  majority  of  one  hundred  and  eight. 

Party  feeling  at  this  juncture  ran  high,  and  in  the 
course  of  the  contest,  much  bitterness  of  feeling  had 
been  produced  on  both  sides.  The  decision  of  the 
canvassers  was  denounced  in  unmeasured  terms  by  the 
federalists,  but  was  as  warmly  approved  by  the  re 
publicans.  Under  the  circumstances,  Governor  Clinton 
could  do  no  less  than  take  the  oath  of  office,  but  it  is 
to  be  regretted  that  he  did  not  use  his  influence  with 
the  canvassers  to  prevent  the  unjust  decision  at  which 
they  arrived ;  for  official  power  acquired  in  such  a 
manner  is  certainly  not  to  be  desired.  It  is  probable, 
as  it  was  but  natural,  that  a  keen  sense  of  the  injustice 
done  him  by  the  unfounded  charges  made  in  respect 
to  the  sale  of  the  public  lands,  which  were  not  without 
their  effect  on  the  minds  of  the  electors,  so  warped  his 
better  judgment  that  he  decided  to  remain  a  passive 
spectator  while  the  wrong  was  being  committed.  It  is 
some  satisfaction,  also,  to  add,  that  it  afterwards  ap 
peared  that  a  number  of  illegal  votes  had  been  cast 
for  Mr.  Jay  in  the  county  of  Otsego,  and  that  persons 
holding  high  official  stations  there  had  exerted  their 
authority,  and  made  use  of  threats  and  intimidations, 
to  induce  individuals  to  vote  for  him  who  would  other- 


AGAIN    ELECTED    GOVERNOR.  63 

wise  have  supported  Mr.  Clinton.  Of  course,  it  need 
not  be  added  that  Mr.  Jay  was  utterly  ignorant  of  these 
extreme  measures  adopted  by  his  over-zealous  friends. 

No  legal  measures  were  taken  to  deprive  Governor 
Clinton  of  the  office  with  which  he  had  been  invested, 
and  he  continued  in  the  discharge  of  its  duties  till  the 
spring  of  1795.  No  event  of  especial  importance 
signalized  this  period  of  his  administration,  except 
that  shortly  before  it  expired,  a  controversy  arose 
between  him  and  the  council  of  appointment,  a 
majority  of  whom  were  federalists,  in  regard  to  the 
concurrent  of  nomination.  The  governor  claimed 
that  he  possessed  the  exclusive  right,  and  he  was  un 
doubtedly  correct  in  his  view  of  the  constitution ; 
Governor  Jay  afterwards  made  the  same  claim,  under 
similar  circumstances;  but  the  convention  of  1801 
decided  against  them.  Governor  Clinton  formally 
protested  against  the  decision  of  the  majority  of  the 
council,  but  took  no  further  steps  to  embarrass  their 
action. 

At  the  presidential  election  in  1792,  no  opposition 
was  made  to  the  re-election  of  General  Washington, 
but  the  republican  electors  inserted  the  name  of  George 
Clinton  on  their  ballots,  intending  thereby  to  designate 
him  as  their  candidate  for  vice-president.  He  received 
fifty  votes,  and  John  Adams  seventy-seven.  On  the 
22d  of  January,  1795,  Governor  Clinton  published  an 
eloquent  and  impressive  address  to  the  freeholders  of 
the  state,  in  which  he  declined  being  a  candidate  for 


64  GEORGE    CLINTON. 

governor  at  the  ensuing  election.  He  stated  that  he 
had  held  elective  offices  for  nearly  thirty  successive 
years,  and  that  the  condition  of  his  private  affairs 
imperatively  required  his  attention,  as  the  impaired 
state  of  his  health  also  demanded  his  retirement  from 
public  life. 

For  five  years  Governor  Clinton  was  entirely  re 
lieved  from  public  cares  and  anxieties,  though  by  no 
means  an  indifferent  observer  of  the  events  that  were 
transpiring  around  him.  During  the  session  of  Con 
gress  in  the  winter  of  1799-1800,  measures  were 
concerted  by  the  republican  members  to  secure  the 
election  of  their  candidates  at  the  approaching  presi 
dential  election.  It  was  deemed  of  the  highest  im 
portance  to  secure  the  vote  of  New  York.  Accord 
ingly,  great  efforts  were  made  by  the  party  in  this 
state  to  elect  a  majority  of  the  members  of  the  legis 
lature.  Through  the  address  of  Colonel  Burr,  a  ticket 
was  formed  in  the  city  of  New  York,  where  Governor 
Clinton  resided,  at  the  head  of  which  the  name  of  the 
latter  was  placed.  Brockholst  Livingston,  Horatio 
Gates,  and  others  of  the  most  distinguished  republi 
cans  in  the  city  and  state,  were  associated  with  him, 
and  the  ticket  was  triumphantly  sustained  at  the  polls. 
The  name  of  Governor  Clinton  was  again  mentioned 
in  connection  with  the '  vice-presidency,  but  Colonel 
Burr  and  his  friends  managed  to  have  the  latter  joined 
with  Mr.  Jefferson.  Mr.  Clinton  did  not,  it  is  probable, 
consider  himself  fairly  treated  in  this  matter,  particu- 


CHOSEN    VICE-PRESIDENT.  65 

larly  by  the  southern  members  of  Congress ;  but  he 
gave  the  republican  ticket  his  cordial  support,  and  no 
one  man  contributed  more  than  himself  to  the  political 
revolution  which  terminated  in  the  complete  overthrow 
of  the  federal  party. 

Governor  Clinton  was  again  induced  to  become  a 
candidate  for  the  office  of  chief  magistrate  of  the  state 
in  the  spring  of  1801,  and  was  elected  by  nearly  four 
thousand  majority  over  his  federal  opponent,  the  late 
Stephen  Van  Rensselaer,  a  high-minded,  estimable, 
and  deservedly  popular  man.  When  the  governor 
once  more  entered  upon  the  discharge  of  the  official 
duties,  the  performance  of  which  now  devolved  upon 
him  for  the  sixth  time,  he  found  that  the  custom  of 
removing  political  partisans,  on  account  of  their  opin 
ions,  had  became  engrafted  on  the  politics  of  the  state. 
It  is  said  that  he  was  opposed  to  this  measure,  and 
resisted  it  in  the  council  of  appointment,  but  was  over 
ruled  by  his  nephew  Dewitt  Clinton,  and  Ambrose 
Spencer,  who  were  members  of  it  during  the  early 
part  of  his  administration. 

Long  before  the  recurrence  of  another  presidential 
election,  the  republican  party  in  the  Union  had  sepa 
rated,  with  but  few  exceptions,  from  Aaron  Burr. 
George  Clinton  was  therefore  selected  as  their  can 
didate  for  vice-president,  in  opposition  to  Rufus 
King,  the  federal  candidate.  Mr.  Jefferson  and  Mr. 
Clinton  received  one  hundred  and  sixty-two  of  the 
one  hundred  and  seventy-six  electoral  votes,  which 


66  GEORGE    CLINTON. 

insured  their  election.  As  the  presiding  officer  in 
the  Senate  of  the  Union,  Mr.  Clinton  was  distin 
guished  for  his  impartiality  and  promptitude,  and  for 
the  urbanity  and  kindness  that  he  at  all  times  man 
ifested,  as  well  towards  his  political  opponents,  as  to 
those  whom  he  ranked  among  his  most  attached  friends. 
Upon  the  retirement  of  Mr.  Jefferson,  he  was  warmly 
urged  by  many  of  the  republican  members  of  Con 
gress  from  the  northern  states,  as  being  the  most  suit 
able  person  to  succeed  him.  The  complicated  con 
dition  of  our  foreign  relations,  which  had  been  in 
charge  of  Mr.  Madison  as  Secretary  of  State,  probably 
led  to  his  being  preferred,  and  Mr.  Clinton  was  con 
tinued  in  the  office  of  vice-president.  At  the  election 
in  1808,  the  republican  candidates  were  chosen  by  de 
cisive  majorities. 

While  filling  the  high  station  to  which  he  had  been 
again  elected. — under  ordinary  circumstances  having 
neither  power  nor  patronage  to  any  great  extent  con 
nected  with  it — Mr.  Clinton  was  called  upon,  by  his 
casting  vote,  to  decide  the  question  as  to  the  propriety 
of  renewing  the  charter  of  the  bank  of  the  United 
States.  At  the  session  of  1810-11,  a  bill  providing 
for  the  renewal  was  introduced  into  the  Senate,  and 
advocated  with  much  earnestness  and  ability  by  sev 
eral  republican  senators.  A  motion  having  been  made 
to  strike  out  the  first  section  of  the  bill,  on  taking  the 
vote,  on  the  20th  day  of  February,  1811,  there  ap 
peared  to  be  seventeen  in  favor  of  the  motion,  and  the 


CASTING  VOTE  ON  THE  BANK  CHARTER.      67 

same  number  opposed  to  it.  Mr.  Clinton,  as  the  pre 
siding  officer,  decided  the  question  in  the  affirmative, 
in  favor  of  striking  out  the  first  section  of  the  bill,  and 
accompanied  the  announcement  of  his  vote  with  the 
following  remarks : 

"  GENTLEMEN  : — As  the  subject  on  which  I  am  called  upon  to  decide, 
has  excited  great  sensibility,  I  must  solicit  the  indulgence  of  the  senate, 
while  I  briefly  state  the  reasons  which  influence  my  judgment. 

"  Permit  me  to  observe,  that  the  question  to  be  decided  does  not  de 
pend  simply  upon  the  right  of  Congress  to  establish,  under  any  modifi 
cation,  a  bank,  but  upon  their  power  to  establish  a  national  bank,  as 
contemplated  by  this  bill.  In  other  words,  can  they  create  a  body 
politic  and  corporate,  not  constituting  a  part  of  the  government,  nor 
otherwise  responsible  to  it  but  by  forfeiture  of  charter,  and  bestow  on 
its  members  privileges,  immunities,  and  exemptions,  not  recognized  by 
the  laws  of  the  states,  nor  enjoyed  by  the  citizens  generally  ? 

"It  cannot  be  doubted  that  Congress  may  pass  all  necessary  and 
proper  laws  for  carrying  into  execution  the  powers  specifically  granted 
to  the  government,  or  to  any  department  or  officer  thereof;  but,  in  doing 
BO,  the  means  must  be  suited  and  subordinate  to  the  end.  The  power 
to  create  corporations  is  not  expressly  granted ;  it  is  a  high  attribute 
of  sovereignty,  and  in  its  nature  not  accessorial  or  derivative  by  im 
plication,  but  primary  and  independent. 

"  I  cannot  believe  that  this  interpretation  of  the  constitution  will,  in 
any  degree,  defeat  the  purposes  for  which  it  was  formed ;  on  the  con 
trary,  it  does  appear  to  me  that  the  opposite  exposition  has  an  inevi 
table  tendency  to  consolidation,  and  affords  just  and  serious  cause  of 
alarm. 

"  In  the  course  of  a  long  life,  I  have  found  that  government  is  not  to 
be  strengthened  by  an  assumption  of  doubtful  powers ;  but  by  a  wise 
and  energetic  execution  of  those  which  are  incontestable ;  the  former 
never  fails  to  produce  suspicion  and  distrust,  whilst  the  latter  inspires 
respect  and  confidence. 


68  GEORGE    CLINTON. 

"If,  however,  after  a  fair  experiment,  the  powers  vested  in  the  gov 
ernment  shall  be  found  incompetent  to  the  attainment  of  the  objects 
for  which  it  was  instituted,  the  constitution  happily  furnishes  the  mean 
for  remedying  the  evil  by  amendment ;  and  I  have  no  doubt  that,  in 
such  event,  on  an  appeal  to  the  patriotism  and  good  sense  of  the  com 
munity,  it  will  be  wisely  applied. 

"  I  will  not  trespass  upon  the  patience  of  the  Senate  any  longer  than 
to  say,  from  the  best  examination  I  have  been  able  to  give  the  subject, 
I  am  constrained,  by  a  sense  of  duty,  to  decide  in  the  affirmative ;  that 
is,  that  the  first  section  of  the  bill  be  stricken  out." 

The  terseness,  and  the  emphatic  brevity,  of  the  re 
marks  of  the  vice-president,  in  announcing  his  decision, 
elicited  high  encomiums  in  the  ranks  of  the  opposition, 
as  well  as  among  his  political  friends ;  and  when,  in 
later  times,  opposition  to  the  bank  of  the  United  States 
became  the  watchword  and  shibboleth  of  the  repub 
lican,  then  the  democratic  party,  they  were  accus 
tomed  to  refer  to  his  course  on  this  occasion  in  terms 
of  decided  approbation,  and  in  a  manner  highly  favor 
able  to  his  memory.  The  casting  vote  of  Mr.  Clinton 
— his  determined  firmness  in  refusing  to  yield  to  the 
influences  brought  to  bear  at  that  period  on  many 
other  public  men,  who  concurred  with  him  in  opinion, 
but  from  real  or  supposed  motives  of  expediency  chose 
to  act  in  a  different  manner — defeated  the  application 
for  a  re-charter  at  this  session.* 

*  A  bill  providing  for  tne  renewal  of  the  charter  of  the  bank,  intro 
duced  into  the  House  of  Representatives  at  the  same  session,  was 
indefinitely  postponed,  on  the  24th  of  January,  1811,  by  a  vote  of  65 
to  64 ;  but  it  was  generally  understood  that  the  Senate  bill  would  meet 
with  a  different  fate. 


HIS    DEATH.  69 

When  Congress  again  assembled,  George  Clinton 
once  more  appeared  in  his  accustomed  seat — well 
stricken  in  years,  venerable  in  appearance,  and  univer 
sally  respected  for  the  official  dignities  and  popular 
favor  which  he  had  so  long  enjoyed.  Before  that  ses 
sion  terminated,  his  almost  life-long  service  in  a  public 
capacity  was  forever  ended.  Surrounded  by 

"  All  that  should  accompany  old  age, 
As  honor,  love,  obedience," — 

by  troops  of  friends,  by  kindred  and  children  to  whom 
he  was  endeared  by  ties  and  recollections  of  no  com 
mon  interest, — he  died,  as  he  had  lived,  at  peace  with 
his  fellow-men — at  peace  with  his  God. 

His  death  took  place  at  Washington,  on  the  20th  of 
April,  1812,  and  his  remains  were  permanently  de 
posited  in  the  Congressional  Cemetery.  The  monument 
erected  to  his  memory  by  his  children  contains  an 
appropriate  inscription  written  by  his  nephew,  which 
truly  says  that,  "  while  he  lived,  his  virtue,  wisdom,  and 
valor  were  the  pride,  the  ornament  and  security  of  his 
country,  and  when  he  died,  he  left  an  illustrious 
example  of  a  well-spent  life,  worthy  of  all  imitation." 

Mr.  Clinton  married  Cornelia  Tappan,  of  Kingston, 
New  York,  by  whom  he  had  one  son  and  five  daugh 
ters.  But  two  of  his  children,  both  of  whom  were 
daughters,  lived  to  an  advanced  age.  One  of  his 
daughters  became  the  wife  of  M.  Genet,  the  French 


70  GEORGE    CLINTON. 

minister,  in  1793,  who  remained  in  this  country  after 
his  recall,  and  settled  in  the  state  of  New  York,  where 
he  died. 

His  personal  appearance  was  decidedly  prepossessing. 
He  was  of  moderate  stature,  but  heavily  moulded. 
His  appearance  was  dignified,  and  his  countenance 
indicated  that  stern  intrepidity  of  soul,  that  energy 
and  decision  of  character,  for  which  he  was  remark 
able.  He  was  frank  and  amiable  in  private  life,  and 
kind  and  affectionate  in  disposition — a  staunch  friend, 
but  a  good  hater.  Few  men  ever  occupied  a  larger 
space  in  the  public  estimation,  and  no  one  name  is 
more  conspicuous  than  his  in  the  early  annals  of  New 
York.  His  patriotism  was  never  questioned,  and  from 
first  to  last,  during  the  stormy  period  of  the  revolution, 
and  when  the  halcyon  days  of  peace  had  returned, 
Washington  esteemed  and  trusted  him.  At  a  mem 
orable  period  he  saved  the  army  of  the  latter  from 
dissolution,  by  the  exercise  of  his  authority — if  not 
rightful,  at  least  necessary — in  the  impressment  of  a 
large  quantity  of  flour.  He  was  naturally  bold  and 
courageous.  "  He  had  an  aversion,"  said  Gouverneur 
Morris,*  "  to  councils,  because  (to  use  his  own  words) 
the  duty  of  looking  out  for  danger  makes  men  cowards." 

His  talents  were  far  above  mediocrity ;  for  had  this 
been  otherwise,  he  could  not  have  raised  himself  as  he 
did,  without  the  adventitious  aids  of  fortune  and 
family  connections,  to  the  chief  magistracy  of  the 

»  Eulogy  on  the  death  of  Clinton,  May,  1812. 


CHARACTER.  71 

state  and  to  the  second  office  in  the  nation.  Sprung 
from  the  people,  his  heart  beat  in  unison  with  that  of 
the  masses.  He  felt  for  them, — he  sympathized  with 
them.  In  return  they  gave  him  their  love  and  confi 
dence,  not  stmtingly  or  grudgingly,  but  with  a  spon 
taneous  gushing  forth  of  their  enthusiastic  regard  and 
affection.  He  was,  therefore,  well  calculated  to  be 
the  leader  of  a  successful  party, — yet  he  was  no 
demagogue.  The  preservation  of  law  and  order  was 
ever  of  the  first  importance,  in  his  estimation. 

Shortly  after  the  close  of  the  revolutionary  war,  and 
the  evacuation  of  the  city  of  New  York  by  the 
enemy,  a  British  officer  was  seized  by  the  whig  popu 
lace,  and  placed  in  a  cart  to  be  tarred  and  feathered. 
Just  as  the  signal  for  the  assault  was  about  to  be  given, 
Governor  Clinton  rushed  in  among  the  crowd  with  a 
drawn  sword,  and  rescued  the  victim  at  the  risk  of 
his  life.  A  few  years  later,  a  dreadful  riot  broke  out 
in  New  York,  called  the  "  Doctors'  Mob."  The  local 
magistracy  were  completely  overawed  by  the  furious 
assemblage  collected  in  the  streets,  whose  passions  had 
been  excited  to  the  highest  pitch  because  of  the 
violation  of  the  cemeteries  to  obtain  subjects  for  dis 
section  ;  and  they  declared  their  intention  to  kill  all 
the  physicians  in  the  city,  and  raze  their  houses  to  the 
ground.  For  two  days  the  governor  mingled  with  the 
mob  as  a  private  citizen,  and  besought  them  not  to 
commit  any  infraction  of  the  peace ;  at  the  same  time 
assuring  them  that  if  wrong  had  been  done,  the  civil 


72  GEORGE    CLINTON. 

authorities  would  take  care  that  the  offenders  should 
be  punished.  His  counsels  not  being  heeded,  he  forth 
with  called  out  the  militia,  and  soon  put  an. end  to  the 
disturbance.  The  same  regard  for  the  supremacy  of 
the  law  was  manifested  by  him  on  another  memorable 
occasion.  After  the  discomfiture  of  the  misguided 
men,  who,  under  their  leader  Shays,  attempted  an  in 
surrection  in  Massachusetts,  in  the  year  1786,  numbers 
of  them  escaped,  and  collected  in  large  bodies  at 
Lebanon  in  the  state  of  New  York,  with  the  intention 
of  renewing  their  efforts.  Such  a  contingency  had  not 
been  foreseen  by  the  legislature,  and  in  consequence, 
Governor  Clinton  was  not  invested  with  the  power 
requisite  in  this  emergency ;  but  he  immediately  re 
paired  to  the  spot,  ordered  out  the  militia  of  the 
state  on  his  own  responsibility,  and  dispersed  the  in 
surgents. 

Governor  Clinton  was  naturally  gifted  with  a  strong 
mind,  which  had  been  well  cultivated.  His  perceptions 
were  clear ;  he  was  rapid  in  decision  and  prompt  in 
execution.  As  a  speaker  and  writer,  he  was  rather 
forcible  than  eloquent.  His  sentences  were  somewhat 
epigrammatic — concise,  but  always  appropriate  and 
expressive. 

He  may  have  committed  errors  during  the  long 
period  in  which  he  remained  in  public  life, — for  it  has 
been  truly  said,  that  it  would  be  "a  novelty  in  the 
political  world,  to  find  rulers  without  private  interests 
and  views  of  personal  emoluments  and  ambition."— 


CHARACTER.  73 

but  they  were  few  in  number.  Not  one  of  the  public 
men  of  New  York,  during  the  revolutionary  era,  is 
better  entitled  to  the  respectful  and  grateful  remem 
brance  of  her  citizens ;  aud  the  example  afforded  in  his 
life  and  character,  is  well-deserving  of  imitation. 

4 


JOHN    JAY. 


FOR  more  than  thirty  years,  the  reign  of  Louis  XIV. 
was  unparalleled  for  splendor  in  the  history  of  France. 
This  was  especially  true  of  that  period  which  elapsed 
between  the  conclusion  of  the  peace  of  the  Pyrenees, 
and  his  marriage  with  Francoise  d'Aubigne.  In  arts 
and  in  arms  the  nation  stood  pre-eminent,  and  her 
warriors  and  statesmen,  her  poets  and  philosophers, 
were  known  and  honored  throughout  the  whole 
civilized  world.  But  when  the  artful  and  politic 
Mazarin,  and  the  great  Colbert,  were  no  more, — when 
Turenne  had  found  a  bloody  grave  at  Saltzbach,  and 
Conde  had  secluded  himself  at  Chantilly, — when  the 
faded  charms  of  Maintenon  had  wound  themselves 
around  the  monarch's  heart,  and  Louvois  and  his 
associates  yielded  a  willing  ear  to  her  bigoted  counsels, 
— the  star  of  his  fortunes  began  to  decline,  and  the 
power  of  France  trembled  beneath  the  attacks  of  the 
bold  Heinsius,  as  her  glory  paled  when  army  after 
army  went  down  before  the  victorious  banners  of 
Marlborough  and  Eugene. 


Second  forerrwrpf  New  York. 


*    .*. 


»s5 


PERSECUTION    OF    THE    HUGUENOTS.  75 

First  among  the  prominent  events  of  this  era  of 
errors  and  misfortunes,  was  the  revocation  of  the 
Edict  of  Nantes.  When  this  decree  was  first  pro 
mulgated  by  Henry  of  Navarre,  it  not  only  put  an  end 
to  the  fierce  wars  and  persecutions  that  had  so  long 
deluged  the  fairest  portions  of  France  with  the  blood 
of  her  people,  but  opened  the  way  to  a  glorious  career 
of  national  prosperity  and  greatness,  unwisely  and 
most  unjustly  terminated  by  his  degenerate  grandson. 
The  toleration  shown  to  the  Religionaires,  or  Hugue 
nots,  during  the  two  previous  reigns,  was  not  accep 
table  to  the  counsellors  and  confessors  of  Louis,  and 
when  the  indifference  of  the  voluptuary  had  been 
succeeded  by  the  ardor  of  the  devotee,  it  required  but 
little  effort  to  mould  him  to  their  purposes. 

"  My  grandfather,"  said  the  king,  in  his  new-born 
zeal  and  anxiety  for  the  triumph  of  Romanism,  "  loved 
the  Huguenots  without  fearing  them  ;  my  father  feared, 
without  loving  them;  and  I  neither  fear  nor  love 
them."  So,  it  was  proclaimed  that  Calvinism  must  be 
exterminated,  root  and  branch.  The  ports  of  France 
were  closed  against  emigration;  the  frontiers  were 
guarded ;  and  bodies  of  dragoons  were  sent  into  the 
southern  provinces,  to  demolish  the  Protestant  churches, 
and  compel  those  who  worshipped  in  them  to  abjure 
their  faith.  Thousands  upon  thousands  of  the  most 
valuable  citizens  in  the  realm — the  most  enterprising 
merchants,  the  most  industrious  peasantry,  and  the 
most  skilful  artisans— managed  to  elude  the  vigilance 


76  JOHN    JAY. 

of  their  persecutors,  and  escaped  to  Switzerland  and 
Germany,  to  Holland,  England,  and  America.  Some 
few,  equally  determined  never  to  renounce  the  creed 
of  their  ancestors,  lingered  behind,  until  the  finishing 
stroke  in  this  series  of  outrages  was  given,  by  the 
revocation  of  the  edict  on  the  22d  day  of  October, 
1685,  when  they,  too,  fled  for  safety.  Among  these 
victims  of  oppression  was  Pierre  Jay,  a  resident  of 
Rochelle,  in  the  department  of  Charente-Inferieure, 
whose  ancestors  had  originally  come  from  Poitou. 
This  individual  was  the  ancestor  of  John  Jay. 

"  Pierre  Jay,' Wsaid  the  subject  of  this  memoir,  in  a 
narrative  of  the  early  history  of  his  father's  family, 
which  he  left  unfinished  at  the  time  of  his  death, — 
"  was  an  active  and  opulent  merchant,  extensively  and 
profitably  engaged  in  commerce.  He  married  Judith, 
a  daughter  of  M.  Frangois,  a  merchant  in  Rochelle. 
One  of  her  sisters  married  M.  Mouchard,  whose  son 
was  a  director  of  the  French  East  India  Company. 
Pierre  Jay  had  three  sons  and  one  daughter.  The 
sons  were  Francis,  who  was  the  eldest ;  Augustus,  who 
was  born  23d  March,  1665 ;  and  Isaac.  The  daugh 
ter's  name  was  Frances.  Mr.  Jay  seemed  to  have 
been  solicitous  to  have  one  of  his  sons  educated  in 
England.  He  first  sent  his  eldest  son,  but  he  unfor 
tunately  died  on  the  passage.  Notwithstanding  this 
distressing  event,  he  immediately  sent  over  his  son 
Augustus,  who  was  then  only  twelve  years  old.  In 
the  year  1683,  Mr.  Jay  recalled  Augustus,  and  sent 


HIS    ANCESTRAL    HISTORY.  77 

him  to  Africa,  but  to  what  part  or  for  what  purpose  is 

now  unknown. 

#  *  *  #  *  *  * . 

"Pursuant  to  an  order  passed  in  January,  1685,  the 
Protestant  Church  at  Rochelle  was  demolished.  The 
ensuing  summer  a  number  of  troops  were  marched 
into  the  city,  and  quartered  on  the  Protestant  inhabi 
tants,  and  these  troops  were  soon  followed  by  four 
companies  of  dragoons.  The  attempts  made  to  con- 
vert  or  intimidate  Mr.  Jay  proving  fruitless,  some  of 
these  dragoons  were  sent  to  his  house  to  live  and  act 
at  their  discretion.  I  have  not  understood  that  they 
offered  any  personal  insults  to  Mr.  Jay  or  his  family, 
but  in  other  respects  they  behaved  as  it  was  intended 
they  should.  Such  a  situation  was  intolerable,  and 
Mr.  Jay  lost  no  time  in  relieving  his  family  from  it. 
He  found  means  to  withdraw  them,  together  with 
some  articles  of  value,  secretly  from  the  house,  and 
succeeded  in  putting  them  on  board  a  vessel  which  he 
had  engaged  for  the  purpose.  They  fortunately  set 
sail  without  being  discovered,  and  were  safely  landed 
at  Plymouth,  in  England.  He  thought  it  advisable  to 
remain  behind,  doubtless  with  the  design  to  save  what 
he  could  from  the  wrecks  of  his  fortune. 

"  It  was  not  long  before  the  absence  of  his  family 
excited  attention,  and  produced  investigations.  After 
some  time  he  was  arrested  and  committed  to  prison. 
Being  closely  connected  with  some  influential  Catho 
lics,  he  was  by  their  interposition  and  good  offices 


78  JOHN    JAY. 

soon  set  at  liberty.  At  that  time  some  vessels  in 
which  he  was  concerned  were  expected,  and  particu 
larly  one  from  Spain,  of  which  he  was  the  sole  owner. 
He  determined  to  effect  his  escape,  if  possible,  in  the 
first  of  these  vessels  that  should  arrive ;  and  for  that 
purpose  instructed  a  pilot,  on  whose  good-will  and 
attachment  he  relied,  to  watch  these  vessels,  and  to 
put  the  first  of  them  that  came  in,  immediately  at 
anchor,  at  a  place  agreed  upon  between  them. 

"Of  the  vessels  that  were  expected,  the  one  from 
Spain  was  the  first  that  arrived.  The  pilot  instantly 
went  on  board,  and  carried  her  to  the  place  agreed  on, 
and  gave  Mr.  Jay  notice  of  it.  With  the  aid  of  this 
faithful  and  friendly  pilot,  proper  precautions  were 
taken  to  prevent  discovery,  and  the  moment  Mr.  Jay 
got  on  board  she  sailed,  and  carried  him  to  England. 
This  ship  and  her  cargo  (the  principal  part  of  which 
was  iron)  belonged  wholly  to  himself,  and  together 
with  the  property  sent  over  with  his  family,  and  that 
now  brought  over  by  himself,  comprised  all  that  he 
saved.  What  this  all  amounted  to,  I  have  never  been 
informed :  it  was  such,  however,  as  placed  him  and  his 
family  above  dependency,  and  was  so  managed  as 
that,  during  the  residue  of  his  life,  his  situation  was 
comfortable.  As  soon  as  Mr.  Jay's  departure  was 
known,  his  estate  in  France  was  seized ;  and  no  part 
of  it  afterward  came  to  the  use  of  either  himself  or 
his  children. 

"  Having  escaped  from  the  fury  of  persecution  to  a 


ESCAPE    FROM    FRANCE.  79 

friendly  country,  nothing  remained  to  excite  his 
anxiety  but  the  fate  of  his  son  Augustus,  whom  he  had 
sent  to  Africa,  and  who  would  probably  arrive  without 
having  been  apprized  of  the  troubles  and  flight  of  his 
family.  This  accordingly  happened.  On  his  arrival 
at  Rochelle,  he  found  himself  in  a  situation  not  easy 
to  be  described.  The  persecution  was  proceeding  with 
increasing  severity,  and  every  circumstance  and  pru 
dential  consideration  pressed  him  to  decide  without 
delay  on  the  measures  proper  for  him  to  take  and 
pursue.  He  determined  to  remain  true  to  his  religion, 
and  to  meet  the  risks  and  dangers  to  which  it  exposed 
him.  The  kindness  of  his  friends  facilitated  every 
necessary  arrangement  for  his  departure  from  the 
country,  and  in  a  very  short  time  he  embarked  in  a 
vessel  bound  to  Charleston,  in  South  Carolina.  Thus, 
by  Divine  Providence,  every  member  of  the  family 
was  rescued  from  the  rage  and  reach  of  persecution, 
and  enabled  to  preserve  a  portion  of  property  more 
than  adequate  to  their  actual  necessities. 

"  Augustus  very  properly  reflected  that  his  parents 
had  two  younger  children  to  provide  for,  and  that  it 
became  him  to  depend  on  his  own  exertions.  It  was 
his  first  intention  to  settle  in  South  Carolina.  His 
education  in  England,  and  the  knowledge  he  had  ac 
quired  of  the  English  language,  trade,  and  manners, 
had  prepared  him  for  living  in  an  English  country. 
The  climate  of  South  Carolina,  however,  made  so 
serious  an  impression  on  his  health  that  he  went  to 


80  JOHN    JAY. 

Philadelphia,  which  he  found  in  such  an  infant  state, 
that  he  thought  it  advisable  to  go  to  New  York.  With 
New  York  he  was  much  pleased,  and  found  there 
several  refugee  families  from  Rochelle.  His  first 
employment  was  that  of  supercargo,  and  he  continued 
in  it  for  several  years.  His  parents  found  themselves 
relieved  from  anxiety  about  his  welfare,  and  with 
great  satisfaction  observed  his  industry  and  promising 
prospects.  The  time,  however,  was  approaching,  when 
the  course  of  life  proper  for  their  younger  son  was  to 
be  determined  and  provided  for.  He,  it  seems,  pre 
ferred  a  military  life ;  and  his  passion  for  it  was  ex 
ceedingly  excited  by  the  forming  a  regiment  of  French 
refugees  in  England  to  serve  a  Protestant  King  against 
a  Popish  competitor.  Isaac  solicited  the  consent  of 
his  parents  with  so  much  earnestness,  that  it  was  at 
length  obtained.  He  joined  his  regiment  as  a  volun 
teer,  and  was  with  it  at  the  battle  of  the  Boyne,  in 
1690.  He  received  several  wounds  ;  and  returning  to 
his  father,  lingered  for  some  months,  and  died. 

"In  the  year  1692  certain  commercial  affairs  at 
Hamburgh  induced  Augustus  to  take  a  passage  in  a 
vessel  bound  from  New  York  to  that  place.  The  ves 
sel  was  captured  by  a  privateer  from  St.  Malo,  and 
carried  into  that  port.  He  with  other  prisoners  was 
sent  to  a  fortress  about  fifteen  miles  from  St.  Malo. 
He  was  in  that  fortress  when  the  news  of  the  battle  of 
La  Hogue  arrived  there.  Orders  were  thereupon 
given  that  the  prisoners  should  that  evening  be  put 


HIS    GRANDFATHER.  81 

and  kept  in  close  custody.  By  negligence  or  accident 
the  prisoners  became  informed  of  this  order.  Augus 
tus  and  another  prisoner  agreed  to  attempt  making 
their  escape.  The  day  had  been  wet  and  boisterous, 
and  in  the  evening  the  wind  and  rain  increased.  Be 
fore  the  time  when  they  expected  to  be  called,  they 
found  means  to  conceal  themselves,  so  that  when  the 
other  prisoners  were  carried  to  the  places  in  which 
they  were  to  be  closely  confined,  these  two  remained 
without.  Favored  by  the  darkness  and  the  storm, 
they  eluded  the  vigilance  of  the  sentinels,  and  pro 
ceeded  to  the  part  of  the  wall  which  they  had  agreed 
on.  There  Augustus  let  himself  drop  into  the  ditch, 
and  received  no  material  injury.  His  companion  did 
not  join  him:  whether  he  changed  his  mind  or  was 
stunned  by  the  fall  is  uncertain.  Augustus  took  the 
road  to  Rochelle,  and  so  managed  as  not  to  arrive 
there  till  the  next  evening,  and  at  a  late  hour  repaired 
to  his  aunt  Mouchard,  by  whom  he  was  kindly  receiv 
ed  and  secreted ;  and  afterward,  through  her  address 
and  management,  he  was  privately  conveyed  to  the 
Isle  of  Rhe,  where  a  vessel  ready  to  sail  for  Denmark 
received  him.  He  arrived  safe  in  Denmark.  On  his 
return  he  went  to  Holland,  and  from  thence  to  Eng 
land  to  visit  his  father  and  sister.  Much  to  the  grief 
and  loss  of  the  family  his  mother  had  lately  died,  and 
he  found  his  father  and  sister  deeply  affected  by  it. 
This  was  the  first  time  they  had  met  since  they  fled 
from  France.  The  excitements  to  sensibility  were 
4* 


82  JOHN    JAY. 

numerous,  and  it  was  natural  that  on  such  an  occasion 
the  tears  of  grief  should  mingle  with  those  of  joy. 
The  affairs  and  engagements  of  Augustus  constrained 
him  to  return  speedily  to  America;  and  it  was  not 
long  before  he  was  obliged  to  take  leave  of  his  afflicted 
and  affectionate  father  and  sister.  With  what  emo 
tions  they  bade  each  other  a  last  farewell  may  easily  be 
conceived.  How  much  has  persecution  to  answer  for ! 
"In  1697  Augustus  married,  at  JNTew  York,  Ann 
Maria,  a  daughter  of  Mr.  Balthazar  Bayard.  The  an 
cestor  of  this  gentleman  was  a  Protestant  professor  of 
theology  at  Paris,  in  the  reign  of  Louis  XIII.,  and  who 
had  been  compelled  by  the  persecuting  spirit  of  popery 
to  quit  his  country,  and  go  with  his  wife  and  children 
to  Holland.  Three  of  his  grandsons,  of  whom  Mr. 
Balthazar  Bayard  was  one,  afterward  removed  from 
Holland  to  America.  By  his  marriage  Augustus  be 
came  encircled  with  friends  who,  from  their  situations, 
were  able,  and  from  the  attachment  to  consanguinity 
(for  which  our  Dutch  families  were  always  remark 
able),  were  disposed  to  promote  his  interest  as  a  mer 
chant,  and  his  social  happiness  as  a  man.  He  no 
sooner  fonnd  himself  settled  and  his  prospects  fair, 
than  he  represented  the  prosperous  state  of  his  affairs 
to  his  father  and  sister,  and  earnestly  pressed  them  to 
come  over  and  participate  in  it.  But  his  father  thought 
himself  too  far  advanced  in  age  to  undertake  the  voy 
age,  and  no  considerations  could  have  prevailed  on  his 
excellent  daughter  to  leave  him. 


HIS    GRANDFATHER.  83 

"  From  what  has  been  said,  you  will  observe  with 
pleasure  and  with  gratitude  how  kindly  and  how  amply 
Providence  was  pleased  to  provide  for  the  welfare  of 
our  ancestor  Augustus.  Nor  was  his  case  a  solitary 
or  singular  instance.  The  beneficent  care  of  Heaven 
appears  to  have  been  evidently  and  remarkably  ex 
tended  to  all  those  persecuted  exiles.  Strange  as  it 
may  seem,  I  never  heard  of  one  of  them  who  asked 
or  received  alms ;  nor  have  I  any  reason  to  suspect, 
much  less  to  believe,  that  any  of  them  came  to  this 
country  in  a  destitute  condition.  The  number  of  ref 
ugees  who  settled  here  was  considerable.  They  did 
not  disperse  or  settle  in  different  parts  of  the  country, 
but  formed  three  societies  or  congregations;  one  in 
the  city  of  New  York,  another  at  the  Paltz,  and  the 
other  at  a  town  which  they  purchased  and  called  New 
Rochelle  [Westchester  county,  New  York].  At  New 
Rochelle  they  built  two  churches,  and  lived  in  great 
tranquillity;  none  of  them  became  rich,  but  they  all 
lived  comfortably.* 

"Augustus  Jay,  after  having  had  three  daughters, 
was  on  the  3d  November,  1704,  blessed  with  a  son, 
whom,  in  honor  of  his  father,  he  named  Peter.  That 
good  old  gentleman  lived  some  time  after  this,  but  how 
long  exactly,  I  do  not  recollect.  After  his  death,  his 
daughter  married  Mr.  Peloquin,  a  merchant  of  Bristol. "f 

*  This  settlement  was  made  on  the  manor  of  Pelham,  which  Governor 
Leisler  purchased  for  the  Huguenots,  in  1689. 

f  See  Life  of  John  Jay,  by  his  eon,  vol.  L  p.  8,  et  seq. 


84  JOHN    JAY. 

All  the  daughters  of  Augustus  Jay  were  married  to 
gentlemen  of  the  colony.  His  son  Peter  was  sent  to 
England  in  early  youth,  and  remained  for  some  time 
in  the  counting-house  of  his  uncle,  Mr.  Peloquin ;  and 
shortly  after  his  return  he  married  Mary,  the  daughter 
of  Jacobus  Van  Cortlandt.  Her  mother  was  the 
daughter  of  Frederick  Phillipse,  who  emigrated  from 
Holland  in  1658,  but  whose  family  were  originally 
from  Bohemia,  whence  they  had  been  driven  by  reli 
gious  persecution.  Peter  Jay  and  his  wife,  Mary  Van 
Cortlandt,  were  the  parents  of  John  Jay.  The  senior 
Mr.  Jay  died  in  the  city  of  New  York,  in  1751,  at  the 
advanced  age  of  eighty-six  years,  having  steadily  and 
successfully  pursued  the  mercantile  profession  up  to 
the  time  of  his  decease.  His  son  Peter  followed  the 
same  occupation — devoting  his  whole  time  with  great 
assiduity  to  his  business,  and  keeping  aloof  from  the 
political  divisions  and  disputes  which  at  that  early 
period  disturbed  the  tranquillity  of  the  colony— till  he 
had  passed  his  fortieth  year.  At  this  time  he  had  ac 
quired  a  fortune  sufficient  to  satisfy  his  desires,  and  to 
enable  him  to  pass  the  remainder  of  his  days  not  in 
extravagance,  but  at  his  ease. 

He  therefore  purchased  a  farm  at  Rye,  in  the  county 
of  Westchester,  and  on  the  shores  of  Long  Island 
Sound,  to  which  he  retired  with  his  family.  He  had 
ten  children,  two  of  whom  were  afflicted  with  blind 
ness  from  infancy,  in  consequence  of  a  severe  attack 
of  the  small-pox.  JOHN  JAY  was  the  eighth  child,  and 


BIRTH    AND    EDUCATION.  85 

was  born  in  the  city  of  New  York,  on  the  12th  day  of 
December,  1745,  and  but  a  short  time  previous  to  his 
father's  removal  into  the  country.  He  was  named 
after  the  Honorable  John  Chambers,  one  of  the  puisne 
iudges  of  the  Supreme  Court  of  the  province,  who 
had  married  his  mother's  sister. 

The  parents  of  young  Jay  were  intelligent  and  es 
timable  people,  sincerely  pious,  devoted  to  the  happi 
ness  and  welfare  of  each  other  and  of  their  children, 
and  loved  and  honored  by  them  to  the  close  of  their 
lives.  The  father  was  a  prudent,  methodical,  observ 
ing  man ;  resolute  in  the  accomplishment  of  every  un 
dertaking;  and  possessing  a  good  fund  of  practical 
common  sense.  The  mother  was  kind  and  amiable  in 
disposition,  winning  in  her  manners,  and  had  received 
an  excellent  education.  Upon  her  devolved  the  duty, 
after  their  change  of  residence,  of  instructing  the 
younger  children  until  they  were  of  a  suitable  age  to 
be  sent  to  school,  and  never  was  duty  more  faithfully 
discharged.  Under  her  supervision  John  learned  the 
rudiments  of  the  English  language,  and  the  Latin 
grammar ;  and  when  he  had  reached  his  eighth  year, 
he  was  sent  to  a  grammar-school  at  New  Rochelle, 
kept  by  the  pastor  of  the  French  church,  in  whose 
family  he  was  a  boarder.  While  here,  he  was  subject 
ed  to  many  inconveniences  and  hardships,  owing  to 
the  simple  and  meagre  diet  to  which  he  was  restricted, 
and  the  bad  condition  of  his  lodgings ;  but  it  is  prob 
able  they  operated  beneficially  on  his  character,  in 


86  JOHN    JAY. 

producing  that  self-reliant,  contented  disposition,  for 
which  he  was  distinguished. 

From  early  youth  he  was  remarked  for  his  grave 
and  studious  deportment,  and  the  reflective  cast  of  his 
mind.  The  sports  and  pastimes  of  boyhood  were  not 
entirely  without  attraction  for  him,  yet  he  never  neg 
lected  his  duties  to  participate  in  them.  Though  his 
playfellows  and  associates  looked  upon  him  with  some 
thing  of  the  feelings  with  which  the  companions  of 
Descartes  regarded  "  the  little  philosopher,"  he  never 
lost  their  respect  and  esteem ;  and  those  who  shared 
his  intimacy  found,  underneath  the  reserve  habitual  to 
him,  a  deep  and  copious  well-spring  abounding  in  all 
the  kindly  qualities  that  lend  their  charms  to  social 
converse.  For  boisterous  amusements  he  had  no 
relish,  but  in  rational  enjoyment  always  took  sincere 
delight.  While  at  New  Rochelle,  he  became  quite  a 
proficient  in  the  French  language,  from  hearing  it 
spoken  so  much  by  the  Huguenot  emigres  and  their 
descendants, — the  knowledge  of  which,  in  after  life, 
was  of  great  service  to  him. 

After  remaining  three  years  at  the  grammar-school, 
he  was  taken  home  by  his  father,  and  placed  under 
the  instruction  of  a  private  tutor,  who  prepared  him 
for  college.  In  the  year  1760,  he  entered  the  freshman 
class  of  King's,  afterwards  Columbia  College,  in  the 
city  of  New  York.  This  institution  was  then  in 
charge  of  the  excellent  and  estimable  Dr.  Samuel 
Johnson,  its  first  president,  who  was  succeeded,  on  his 


CHOOSES    THE    LEGAL    PROFESSION.  87 

resignation  in  1763,  by  Dr.  Myles  Cooper,  a  gentle 
man  of  considerable  literary  eminence,  but  whose  high 
tory  principles  obliged  him  to  leave  the  country  in 
1775. 

Young  Jay  was  naturally  diffident,  yet  at  all  times 
firm  in  the  maintenance  of  what  he  believed  to  be 
right.  Though  exposed  to  repeated  temptations,  by 
his  residence  in  the  city,  none  had  the  power  to  allure 
him  from  his  studies ;  and  throughout  his  whole  colle 
giate  course,  his  application  and  correct  deportment 
were  observed  by  his  teachers  and  friends  with  sincere 
delight.*  In  every  exercise  he  was  well  prepared;  in 
every  study  thorough  and  accurate.  He  was  not 
blind  to  his  deficiencies,  few  as  they  were,  and  care 
fully  and  diligently  corrected  them.  An  impediment 
in  his  speech  for  a  long  time  caused  him  great  annoy 
ance,  but  with  the  perseverance  and  determination  of 
the  Athenian  orator,  he  exercised  his  voice  by  reading 
aloud,  until  he  obtained  complete  control  over  it.  As 
the  time  for  his  leaving  college  approached,  it  became 
necessary  for  him  to  make  choice  of  a  profession.  In 
this  he  was  unbiased  by  the  influence  of  his  father, 

*  This  statement  is  not  at  all  inconsistent  with  the  fact,  that  Mr.  Jay 
•was  suspended  for  a  short  time,  during  the  last  year  of  his  collegiate 
term,  for  refusing  to  inform  against  some  of  his  companions.  He  always 
insisted  that  this  was  not  required  of  him  by  the  statutes  of  the  institution ; 
and  then,  as  afterwards,  he  could  not  be  driven  from  a  position  which 
he  had  taken  with  deliberation.  "When  he  returned  to  college,  after  the 
period  of  his  suspension  had  expired,  he  was  cordially  welcomed  by 
the  president  and  professors. 


88  JOHN    JAY. 

and  after  due  reflection  decided  in  favor  of  the  law. 
Having  formed  this  resolution,  he  commenced  reading, 
in  his  leisure  hours,  the  great  work  of  Grotius  on 
natural  and  national  law,  in  company  with  a  classmate 
who  had  chosen  the  same  profession. 

He  graduated  on  the  15th  of  May,  1764 — on  which 
occasion  he  delivered  the  Latin  Salutatory,  then,  as 
now,  considered  the  highest  honor  of  the  institution. 
Within  a  fortnight  after  taking  his  degree,  he  entered  the 
office  of  Benjamin  Kissam,  an  eminent  counsellor  in 
the  city  of  New  York.  For  nearly  two  years  the 
celebrated  Lindley  Murray  was  his  fellow-student,  and 
though  soon  separated  from  each  other  by  the  political 
differences  of  the  country,  the  intimacy  then  formed 
was  never  entirely  lost  sight  of,  but  often  referred  to, 
on  both  sides,  with  emotions  of  pleasure.  Mr.  Kissam 
was  as  famed  for  the  qualities  of  his  heart  as  for  those 
of  his  head.  The  intercourse  between  him  and  young 
Mr.  Jay  was  of  the  most  free  and  unreserved  charac 
ter  ;  and  the  relation  of  preceptor  and  pupil  seemed  to 
be  merged  in  the  more  familiar  one  of  friends.  After 
Mr.  Jay's  admission  to  the  bar,  he  was  frequently 
brought  in  contact  with  Mr.  Kissam,  by  being  em 
ployed  on  the  opposite  side  of  the  same  cause.  "  On 
one  of  these  occasions,"  says  his  son  and  biographer, 
"  the  latter  [Mr.  Kissam]  being  embarrassed  by  some 
position  taken  by  the  other,  pleasantly  remarked  in 
court,  that  he  had  brought  up  a  bird  to  pick  out  his 


HIS    MARRIAGE.  89 

own  eyes.  '  Oh  no/  retorted  his  opponent, '  not  to  pick 
out,  but  to  open  your  eyes.'  "* 

Mr.  Jay  was  admitted  to  practice  in  1768,  and  im 
mediately  entered  into  partnership  with  Robert  R. 
Livingston,  the  cousin  of  his  future  wife,  then  a  prac 
tising  lawyer  in  the  city  of  New  York,  and  afterwards 
chancellor  of  the  state.  This  connection  was  soon 
dissolved,  by  mutual  consent,  and  without  the  least  ill- 
feeling  on  either  part ;  on  the  contrary,  they  remained 
through  life  warm  and  attached  friends. 

During  his  clerkship,  Mr.  Jay  had  been  a  careful 
and  diligent  student,  and  soon  after  he  commenced 
practice,  he  acquired  a  high  reputation  for  his  attain 
ments  as  a  jurist,  and  his  honesty,  fidelity,  and  ability 
as  an  advocate.  His  unremitting  devotion  to  his  pro 
fessional  business  in  a  short  time  seriously  injured  his 
health,  which  had  previously  been  quite  robust ;  and, 
under  the  advice  of  his  physician,  he  took  lodgings  out 
of  town  about  six  miles,  and  rode  into  the  city  every 
morning  on  horseback.  In  addition  to  attending  to 
the  regular  business  of  his  office,  a  great  portion  of  his 
time,  about  this  period,  was  employed  in  discharging 
the  duties  of  secretary  to  the  commissioners  appointed 
to  settle  the  disputed  boundary  between  New  York 
and  New  Jersey. 

In  the  year  1774,  Mr.  Jay  was  married  to  Sarah 
Livingston,  the  youngest  daughter  of  William  Livings 
ton,  a  delegate  to  the  first  continental  congress  from 

*  Life  of  Jay,  voL  i.  p.  28. 


90  JOHN    JAY. 

New  Jersey,  and  afterwards  governor  of  that  state  for 
many  years.  This  connection  was,  indeed,  one  of  the 
happiest  events  of  his  life.  The  union  was  literally 
and  truly  one  of  hearts,  and  not  merely  one  of  hands. 
Kind,  gentle,  tender,  and  affectionate,  she  was  a  fitting 
helpmate  to  such  a  man.  The  most  perfect  reciprocity 
of  sentiment  and  feeling  always  existed  between  them, 
and  each  seemed  to  act  voluntarily  and  without 
thought,  in  accordance  with  the  well-known  proverb — 

"  He  that  would  thrive 
Must  ask  his  wife." 

I 

She  participated  in  his  counsels ;  she  shared  his  vicis 
situdes;  and  joy  and  happiness  borrowed  half  their 
charms  from  her  presence  and  participation.  In  the 
brilliant  salons  of  Madrid  and  Paris,  she  was  a  com 
panion  of  whom  he  might  well  be  proud ;  and  in  his 
quiet  American  home,  she  was  the  grace  and  ornament 
of  the  family  circle — the  faithful  friend,  and  the  dis 
interested  adviser. 

In  the  early  movements  of  the  opponents  of  British 
misrule  and  taxation,  Mr.  Jay  took  a  deep  interest. 
His  immediate  family  connections  were  whigs,  though 
the  Phillipses,  and  some  of  the  Van  Cortlandts,  sided 
with  the  crown.  Many  of  his  most  intimate  friends 
and  associates,  also,  were  tories, — among  them  Lindley 
Murray  and  Peter  Van  Schaack.  From  the  first, 
however,  he  sympathized  with  the  oppressed  colonists ; 
and  when  the  time  came  for  action,  the  hitherto  un- 


DELEGATE  TO  THE  CONTINENTAL  CONGRESS.    91 

clouded  repose  of  his  domestic  life  and  all  his  bright 
prospects  of  professional  eminence,  were  cheerfully 
sacrificed  for  the  common  good.  Others  may  have 
been  louder  and  bolder  in  their  denunciations,  but  none 
approved  themselves  more  staunch  or  more  steadfast. 
He  was  ardent  and  sincere  in  his  devotion  to  the  cause 
of  American  Independence;  yet  his  feelings  were 
softened  and  mellowed 

"  by  that  mildness  of  truth, 
Which  tempers,  but  chills  not,  the  patriot  fire." 

When  the  intelligence  of  the  passage  of  the  Boston 
Port  Bill  was  received  in  the  city  of  New  York,  a 
meeting  of  the  citizens  was  called,  on  the  16th  of 
May,  1774,  to  consult  on  the  measures  proper  to  be 
pursued,  at  which  a  committee  of  fifty  was  selected 
to  correspond  with  the  sister  colonies.  Mr.  Jay  was 
chosen  a  member  of  this  committee,  and  as  one  of  the 
sub-committee  subsequently  appointed,  prepared  the 
draft  of  a  letter  in  answer  to  one.  received  from  the 
Boston  committee,  in  which  the  proposition  of  a  "Con 
gress  of  Deputies  from  the  Colonies  in  general,"  was 
first  suggested.  In  the  following  month  of  July, 
he  was  duly  chosen  one  of  the  delegates  to  the  first 
Continental  Congress,  and  took  his  seat  in  that  body, 
at  Philadelphia,  on  the  5th  of  September,  in  the  same 
year. 

Though  still  quite  a  young  man,  the  talents  of  Mr. 
Jay  were  so  widely  known,  and  so  highly  appreciated, 


92  JOHN    JAY. 

that  he  was  immediately  placed  on  several  of  the  most 
important  committees.  One  of  these  was  selected  for 
drafting  an  address  to  the  people  of  Great  Britain,  and 
a  memorial  to  the  people  of  British  America.  The 
duty  of  preparing  the  address  was  assigned  to  Mr. 
Jay  by  his  associates  on  the  committee.  Distrustful 
though  he  was,  of  his  ability  to  perform  the  task,  al 
lotted  to  him,  with  satisfaction  to  the  other  members, 
he  nevertheless  knew  how  important  it  was,  for  his 
own  reputation,  that  the  effort  should  not  be  a  complete 
failure.  He  therefore  withdrew  himself  from  inter 
ruption,  by  leaving  his  regular  lodgings,  and  taking  a 
private  room  in  a  tavern.  Here,  shut  out  from  the 
world,  he  composed  that  manly  and  eloquent  appeal, 
on  behalf  of  the  colonists  to  their  brethren  in  the 
"  father  land,"  which  Mr.  Jefferson  pronounced  to  be 
the  production  "of  the  finest  pen  in  America."*  The 
purity  of  its  style,  its  loftiness  of  sentiment,  and  its 
earnest  and  impressive  eloquence,  may  be  inferred 
from  the  following  extracts,  taken  from  the  opening 
and  the  close : — 

"  When  a  nation,  led  to  greatness  by  the  hand  of  liberty,  and  possessed 
of  all  the  glory  that  heroism,  munificence,  and  humanity  can  bestow, 
descends  to  the  ungrateful  task  of  forging  chains  for  her  friends  and 
children ;  and  instead  of  giving  support  to  freedom,  turns  advocate  for 
slavery  and  oppression,  there  is  reason  to  suspect  she  has  either  ceased 
to  be  virtuous,  or  been  extremely  negligent  in  the  appointment  of  her 
rulers. 

"  Li  almost  every  age,  in  repeated  conflicts,  in  long  and  bloody  wars, 

*  Jefferson's  Works,  voL  i  p.  8. 


EXTRACTS    FROM    THE    ADDRESS.  93 

as  well  civil  as  foreign,  against  many  and  powerful  nations,  against  the 
open  assaults  of  enemies  and  the  more  dangerous  treachery  of  friends, 
have  the  inhabitants  of  your  island,  your  great  and  glorious  ancestors, 
maintained  their  independence,  and  transmitted  the  rights  of  men,  and 
the  blessings  of  liberty  to  you,  their  posterity. 

"  Be  not  surprised,  therefore,  that  we,  who  are  descended  from  the 
same  common  ancestors ;  that  we,  whose  forefathers  participated  in  all 
the  rights,  the  liberties,  and  the  constitution  you  so  justly  boast  of,  and 
who  have  carefully  conveyed  the  same  fair  inheritance  to  us,  guaranteed 
by  the  plighted  faith  of  government  and  the  most  solemn  compacts 
with  British  Sovereigns,  should  refuse  to  .surrender  them  to  men  who 
found  their  claims  on  no  principles  of  reason,  and  who  prosecute  them 
with  a  design  that,  by  having  our  lives  and  property  in  their  power, 
they  may  with  the  greater  facility  enslave  yvu. 

"  The  cause  of  AMERICA  is  now  the  object  of  universal  attention :  it 
has  at  length  become  very  serious.  This  unhappy  country  has  not  only 
been  oppressed,  but  abused  and  misrepresented ;  and  the  duty  we  owe 
to  ourselves  and  posterity,  to  your  interest,  and  the  general  welfare  of 
the  British  Empire,  leads  us  to  address  you  on  this  very  important 
subject. 

"  KNOW  THEN,  That  we  consider  ourselves,  and  do  insist,  that  we 
are  and  ought  to  be,  as  free  as  our  fellow-subjects  in  Britain,  and  that 
no  power  on  earth  has  a  right  to  take  our  property  from  us  without 
our  consent. 

"  That  we  claim  all  the  benefits  secured  to  the  subject  by  the  English 
Constitution,  and  particularly  that  inestimable  one  of  trial  by  jury. 

"  That  we  hold  it  essential  to  English  liberty,  that  no  man  be  con 
demned  unheard,  or  punished  for  supposed  offences,  without  having  an 
opportunity  of  making  his  defence. 

"  That  we  think  the  Legislature  of  Great  Britain  is  not  authorized 
by  the  constitution  to  establish  a  religion  fraught  with  sanguinary  and 
impious  tenets,  or  to  erect  an  arbitrary  form  of  government  in  any 
quarter  of  the  globe.  These  rights  we,  as  well  as  you,  deem  sacred. 
And  yet,  sacred  as  they  are,  they  have,  with  many  others,  been  repeat 
edly  and  flagrantly  violated. 


94  JOHN    JAY. 

"  Are  not  the  proprietors  of  the  soil  of  Great  Britain  lords  of  their 
own  property  ?  Can  it  be  taken  from  them  -without  their  consent  t 
"Will  they  yield  it  to  the  arbitrary  disposal  of  any  man,  or  number  of 
men  whatever  ?  You  know  they  will  not, 

"  Why,  then,  are  the  proprietors  of  the  soil  of  America  less  lords  of 
their  property  than  you  are  of  yours  ? — or  why  should  they  submit  it 
to  the  disposal  of  your  parliament,  or  any  other  parliament  or  council 
in  the  world,  not  of  their  election  ?  Can  the  intervention  of  the  sea 
that  divides  us  cause  disparity  in  rights  ? — or  can  any  reason  be  given 
why  English  subjects,  who  live  three  thousand  miles  from  the  royal 
palace,  should  enjoy  less  liberty  than  those  who  are  three  hundred  miles 
distant  from  it  ? 

"  Reason  looks  with  indignation  on  such  distinctions,  and  freemen  can 
never  perceive  their  propriety.  And  yet,  however  chimerical  and  un 
just  such  discriminations  are,  the  parliament  assert,  that  they  have  a 
right  to  bind  us  in  all  cases  without  exception,  whether  we  consent  or 
not ;  that  they  may  take  and  use  our  property  when  and  in  what  man 
ner  they  please ;  that  we  are  pensioners  on  their  bounty  for  all  that  we 
possess ;  and  can  hold  it  no  longer  than  they  vouchsafe  to  permit.  Such 
declarations  we  consider  as  heresies  in  English  politics,  and  which  can 
no  more  operate  to  deprive  us  of  our  property,  than  the  interdicts  of 
the  pope  can  divest  kings  of  sceptres,  which  the  laws  of  the  land,  and 
the  voice  of  the  people,  have  placed  in  their  hands. 

****** 

"  We  believe  there  is  yet  much  virtue,  much  justice,  and  much  public 
spirit  in  the  English  nation.  To  that  justice  we  now  appeal  You 
have  been  told  that  we  are  seditious,  impatient  of  government,  and 
desirous  of  independence.  Be  assured  that  these  are  not  facts,  but 
calumnies.  Permit  us  to  be  as  free  as  yourselves,  and  we  shall  ever 
esteem  a  union  with  you  to  be  our  greatest  glory,  and  our  greatest 
happiness ;  we  shall  ever  be  ready  to  contribute  all  in  our  power  to  the 
welfare  of  the  empire ;  we  shall  consider  your  enemies  as  our  enemies, 
and  your  interest  as  our  own. 

"  But  if  you  are  determined  that  your  ministers  shall  wantonly  sport 
with  the  rights  of  mankind :  if  neither  the  voice  of  justice,  the  dictates 


EXTRACTS    FROM    THE    ADDRESS.  95 

of  the  law,  the  principles  of  the  constitution,  or  the  suggestions  of 
humanity,  can  restrain  your  hands  from  shedding  human  blood  in  such 
an  impious  cause,  we  must  then  tell  you,  that  we  will  never  submit  to 
be  hewers  of  wood  and  drawers  of  water  for  any  ministry  or  nation  in 
the  world. 

"  Place  us  in  the  same  situation  that  we  were  at  the  close  of  the  last 
war,  and  our  former  harmony  will  be  restored.  But  lest  the  same 
Bupineness,  and  the  same  inattention  to  onr  common  interest,  which  you 
have  for  several  years  shown,  should  continue,  we  think  it  prudent  to 
anticipate  the  consequences. 

"  By  the  destruction  of  the  trade  of  Boston,  the  ministry  have  en 
deavored  to  induce  submission  to  their  measures.  The  like  fate  may 
befall  us  all  "We  will  endeavor,  therefore,  to  live  without  trade,  and 
recur  for  subsistence  to  the  fertility  and  bounty  of  our  native  soil,  which 
affords  us  all  the  necessaries,  and  some  of  the  conveniences  of  life.  We 
have  suspended  our  importation  from  Great  Britain  and  Ireland ;  and  in 
less  than  a  year's  time,  unless  our  grievances  should  be  redressed,  shall 
discontinue  our  exports  to  those  kingdoms,  and  the  West  Indies. 

"  It  is  with  the  utmost  regret,  however,  that  we  find  ourselves  com 
pelled,  by  the  overruling  principles  of  self-preservation,  to  adopt 
measures  detrimental  in  their  consequences  to  numbers  of  our  fellow- 
subjects  in  Great  Britain  and  Ireland.  But  we  hope  that  the  magna 
nimity  and  justice  of  the  British  nation  will  furnish  a  parliament  of  such 
wisdom,  independence,  and  public  spirit,  as  may  save  the  'violated 
rights  of  the  whole  Empire  from  the  devices  of  wicked  ministers  and 
evil  counsellors,  whether  in  or  out  of  office ;  and  thereby  restore  that 
harmony,  friendship,  and  fraternal  affection,  between  all  the  inhabitants 
of  his  majesty's  kingdoms  and  territories,  so  ardently  wished  for  by 
every  true  and  honest  American." 

On  the  18th  of  October,  the  draft  of  an  address, 
prepared  by  Mr.  Jay,  was  reported  from  the  committee. 
A  few  unimportant  amendments  were  made,  and  on 
the  21st  instant  it  was  duly  adopted.  Although  the 


JOHN    JAY. 


powers  of  this  congress  were  merely  advisory,  they 
recommended,  in  the  strongest  terms,  the  non-importa 
tion  and  non-consumption  of  British  goods,  and  advised 
the  appointment  of  town  and  county  committees  to 
carry  into  effect  the  regulations  having  that  object  in 
view,  which  were  prepared  and  approved  by  them 
during  their  session.  In  the  short  period  of  six  weeks 
their  labors  were  ended,  and  after  making  provision  for 
the  meeting  of  another  congress  in  May  of  the  follow 
ing  year,  they  adjourned  sine  die. 

Mr.  Jay  and  his  colleagues  hastened  home  to  their 
constituents.  In  accordance  with  the  recommendation 
of  Congress,  the  New  York  committee  of  correspond 
ence  called  on  the  citizens  to  elect  a  committee  of  ob 
servation.  This  was  immediately  done,  and  the  former 
committee  dissolved.  Of  the  new  committee  Mr.  Jay 
was  a  member;  and  subsequently,  when  it  appeared 
that  the  powers  of  this  body  were  too  limited,  one 
hundred  persons,  including  himself,  were  selected  to 
form  another  committee,  called  the  Committee  of  Asso 
ciation,  who  were  invested  with  the  most  ample  powers 
to  provide  for  the  safety  of  the  city,  and  the  enforce 
ment  of  the  measures  proposed  by  Congress  for  inter 
rupting  the  commerce  of  Great  Britain  with  her  colo 
nies. 

As  the  provincial  legislature  no  longer  reflected  the 
sentiments  of  the  people  of  the  colony,  but  was  more 
or  less  controlled  by  the  employes  and  adherents  of  the 
crown,  the  New  York  committee  of  observation  had 


COMMENCEMENT    OF    HOSTILITIES.  97 

recommended  to  the  counties  to  select  deputies  to  a 
provincial  congress.  This  body  did  not  assemble  until 
the  28th  of  May,  1775,  prior  to  which  time,  the  com 
mittee  of  association  called  upon  the  citizens  to  arm 
themselves  and  make  every  preparation  for  the  ap 
proaching  struggle.  Mr.  Jay  took  an  active  and  in 
fluential  part  in  all  these  proceedings;  and  his  time 
and  talents  were  constantly  in  'requisition,  in  conduct 
ing  correspondence,  and  preparing  reports  and  ad 
dresses. 

To  the  second  congress,  which  assembled  at  Phila 
delphia  on  the  10th  of  May,  he  was  also  elected  a 
delegate.  Hostilities  had  now  commenced,  and  blood 
had  been  shed  at  Lexington  and  Concord.  Hitherto, 
a  redress  of  grievances  was  all  that  the  colonists  had 
asked  for  or  desired.  It  had,  indeed,  been  charged 
against  those  who  had  taken  the  lead  in  resisting  the 
obnoxious  measures  of  the  British  parliament,  that  they 
looked  forward  to  a  separation  from  the  mother  country 
and  the  independence  of  the  colonies.  But  this  charge 
was  wholly  unfounded.  In  August,  1774,  Dr.  Franklin 
assured  Lord  Chatham,  that  he  had  more  than  once  trav 
elled  almost  from  one  end  of  the  continent  to  the  other, 
and  that  he  "never  had  heard,  in  any  conversation 
from  any  person,  drunk  or  sober,  the  least  expression 
of  a  wish  for  a  separation,  or  a  hint  that  such  a  thing 
would  be  advantageous  to  America/'*  Mr.  Jay  bore 
similar  testimony,  from  his  calm  retirement  at  Bedford : 

*  Franklin's  letter  to  his  son,  March  22d,  1775. 
5 


98 


JOHN    JAY. 


"During  the  course  of  my  life,"  said  he,  "and  until 
after  the  second  petition  of  congress,  in  1775,  I  never 
did  hear  any  American  of  any  class,  or  of  any  descrip 
tion,  express  a  wish  for  the  independence  of  the  colo 
nies.  *  *  *  It  has  always  been,  and  still  is  my  opinion, 
and  belief,  that  our  country  was  prompted  and  impelled 
to  independence,  by  necessity,  and  not  by  choice."* 

So,  too,  affirmed  John  Adams  and  Thomas  Jeffer 
son.  "  For  my  own  part,"  said  the  former,  "  there  was 
not  a  moment  during  the  revolution,  when  I  would  not 
have  given  everything  I  possessed  for  a  restoration  to 
the  state  of  things  before  the  contest  began,  provided 
we  could  have  had  a  sufficient  security  for  its  continu 
ance;"  and  Mr.  Jefferson  declared,  that  before  the 
commencement  of  hostilities  he  "never  had  heard  a 
whisper  of  a  disposition  to  separate  from  Great  Britain ; 
and  after  that,  its  possibility  was  contemplated  with 
affliction  by  all."f  Washington  and  Madison  ex 
pressed  similar  sentiments ;  and  such,  in  truth,  seems 
to  have  been  the  real  state  of  feeling  existing  in  the 
colonies  at  the  time  of  the  assembling  of  the  second 
congress.  J 

But  now  the  question  of  a  separation  from  Great 
Britain  began  to  be  soberly  and  seriously  discussed. 
The  congress  of  1775  directed  an  army  to  be  raised — 
not  so  much  to  achieve  independence,  however,  as  to 

*  Life  of  John  Jay,  voL  ii.  pp.  412,  418. 

f  Ibid.  vol.  ii.  pp.  416,  417. 

\  Sparks'  Writings  of  Washington,  voL  ii.  pp.  498,  500,  501. 


SECOND    PETITION    TO    THE    KING.  99 

resist  the  efforts  of  the  royal  authorities  to  enforce  the 
observance  of  the  tyrannous  acts  of  parliament — and 
enacted  rules  and  regulations  for  its  governance.  At 
this  crisis,  Mr.  Jay,  though  apprehensive  of  the  worst, 
still  hoped  that  redress  might  be  obtained.*  Concilia 
tion  was  in  his  heart  and  on  his  tongue ;  and  he  spoke 
and  practised  in  conformity  to  the  sentiments  that  fell 
from  his  lips.  Upon  his  motion,  a  committee  was  ap 
pointed  to  draft  a  second  petition  to  the  king.  This 
measure  was  only  carried  after  long  debate ;  for  many 
insisted,  that  forbearance  had  already  ceased  to  be 
a  virtue,  and  that  further  humiliation  would  be  fol 
lowed  by  further  insults  and  indignities.  The  sequel 
proved  that  they  were  correct ;  yet,  as  Mr.  Jay  con 
tended  would  be  the  case,  when  the  subject  was  under 
consideration,  many  who  had  previously  doubted  and 
hesitated,  were  induced,  by  the  rejection  of  the  second 
petition,  to  admit  the  propriety  and  necessity  of  a  re 
sort  to  arms.  Mr.  Jay  was  appointed  on  the  commit 
tee  to  prepare  the  petition,  but  the  paper  itself  was 
drawn  up  by  Mr.  Dickinson.  At  this  session,  a  second 
address  to  the  people  of  Great  Britain  was  likewise 
adopted;  also,  an  address  to  their  fellow-subjects  of 
Jamaica  and  Ireland.  The  latter  was  drawn  by  Mr. 

*  This  feeling  seems  to  have  been  prevalent  in  Congress  at  this  ses- 
eion ;  for  though  Dr.  Franklin  submitted  to  their  consideration,  a  sketch 
of  articles  of  confederation,  to  be  perpetual,  in  case  there  should  be  no 
reconciliation  with  Great  Britain,  his  project  was  not  taken  up  for  dia- 


100  JOHN    JAY. 

Jay,  at  the  request  of  his  father-in-law,  Mr.  Livings 
ton,  who  was  a  member  of  the  committee  selected  to 
prepare  it. 

Notwithstanding  the  adoption  of  the  second  petition, 
congress  did  not  neglect  any  of  the  preparations  ne 
cessary  for  putting  the  country  in  a  state  of  defence, 
and  strengthening  the  means  of  resistance.  These 
measures,  and  others  of  like  import,  were  warmly  and 
cheerfully  supported  by  Mr.  Jay.  He  was  now  com 
pletely  enlisted  in  the  cause,  and  held  himself  in  readi 
ness  to  obey  the  call  of  his  country  wherever  she  might 
need  his  services,  whether  in  the  field  or  in  the  cabinet. 
Consequently,  while  congress  was  in  session,  in  the 
month  of  November,  he  received  and  accepted  the 
commission  of  colonel  of  the  second  regiment  of  mi 
litia  of  the  city  of  New  York,  tendered  him  by  the 
provincial  congress.  He  never  joined  his  regiment, 
however,  as  his  eloquent  pen,  his  keen  sagacity,  his 
prudence  and  discrimination,  were  required  in  the 
councils  of  that  memorable  body,  whose  deliberations 
at  this  period  were  fraught  with  such  momentous  con 
sequences. 

Respectful  in  tone  and  loyal  in  sentiment,  as  was 
the  second  petition  to  the  king,  it  nevertheless  shared 
the  fate  of  its  predecessor.  All  hope  of  an  accommo 
dation  was  now  abandoned,  and  Mr.  Jay  was  among 
the  boldest  and  foremost  in  proposing  and  advocating 
still  further  warlike  measures.  It  was  determined, 
among  other  things,  to  issue  privateer  commissions, 


ELECTED  TO  THE  PROVINCIAL  CONGRESS.    101 

with  a  view  of  crippling  the  commerce  of  Great  Brit 
ain,  and  thus  attacking  her  in  the  most  vulnerable  spot  ; 
but  before  commencing  an  offensive  warfare,  a  declara 
tion  setting  forth  the  causes  and  necessity  of  taking  up 
arms,  was  prepared  by  a  committee  of  which  Mr.  Jay 
was  a  member,  and  adopted  by  congress  on  the  23d 
day  of  March,  1776.  A  few  months  later,  all  ties  of 
allegiance  between  the  colonies  and  the  mother  country 
were  severed  by  the  Declaration  of  Independence. 

When  this  important  step  was  taken,  Mr.  Jay's  seat 
in  congress  was  vacant,  and  remained  so  during  the 
rest  of  the  session,  though  he  continued  to  act  as  a 
member  of  the  secret  committee  of  correspondence, 
appointed  in  1775,  upon  whom  devolved  the  duty  of 
communicating  with  the  agents  of  congress  in  foreign 
countries.  In  the  month  of  April,  1776,  he  had  been 
elected  a  representative  from  the  city  and  county  of 
New  York  to  the  provincial  convention  or  congress. 
When  this  body  assembled,  a  grave  question  was  pre 
sented  for  deliberation.  It  was,  whether  or  not  a  per 
manent  government  for  the  colony  should  be  estab 
lished.  At  this  time  the  delegates  to  the  continental 
congress  from  New  York  were  appointed  by  the  colo 
nial  congress,  and  were  subject  to  be  recalled  by  them. 
Mr.  Jay's  counsel  and  advice  being  needed  in  the  pro 
vincial  congress,  his  attendance  was  required  by  reso 
lution.  On  receiving  the  summons  he  left  Philadelphia, 
and  returned  to  the  city  of  New  York,  where  the 
colonial  convention  or  congress  was  in  session.  At 


102  JOHN    JAY. 

his  suggestion  a  series  of  resolutions  were  adopted, 
calling  on  the  people  to  elect  delegates  to  a  new  con 
vention,  with  express  power  to  establish  a  form  of 
government. 

The  election  took  place,  and  Mr.  Jay  was  regularly 
chosen  a  delegate.  The  new  provincial  congress  met 
at  White  Plains  on  the  9th  of  July,  1776.  That  very 
day  the  Declaration  of  Independence  adopted  by  the 
continental  congress  on  the  4th  instant  was  received. 
But  few  moments  were  required  for  deliberation.  The 
subject  was  forthwith  referred  to  a  committee  of  which 
Mr.  Jay  was  chairman,  who  almost  immediately  re 
ported  a  resolution  affirming  that  the  reasons  assigned 
by  the  continental  congress  for  declaring  these  united 
colonies  free  and  independent  states,  were  cogent  and 
conclusive ;  and  that  while  they  lamented  the  cruel 
necessity  which  rendered  this  measure  unavoidable, 
they  approved  the  same,  and  would,  at  the  risk  of  their 
lives  and  fortunes,  join  with  the  other  colonies  in  sup 
porting  it.  Thus  was  Mr.  Jay  the  instrument  of  pledg 
ing  New  York  to  the  support  of  the  declaration,  though 
by  his  absence  from  Philadelphia  he  had  been  denied 
the  privilege  of  voting  in  its  favor. 

New  York  was  now  invaded  by  the  enemy,  and 
other  subjects  connected  with  the  defence  of  the  state 
engrossed  so  much  of  the  time  of  the  provincial  con 
gress,  that  they  were  only  able  to  appoint  a  committee 
to  prepare  a  form  of  government.  Mr.  Jay  was  se 
lected  as  the  chairman  of  the  committee,  and  the 


INVASION    OP    NJSW    YORK.  103 

task  of  preparing  a  state  constitution  was  allotted  to 
him. 

Disaster  and  defeat  attended  the  American  arms  on 
Long  Island,  and  the  city  of  New  York  was  soon  in 
possession  of  the  royal  forces.  Treason  and  dis 
satisfaction  were  everywhere  prevalent,  and  the  timid 
and  faint-hearted  began  to  despair.  There  being  no 
executive  authority  organized  in  the  state,  the  powers 
of  government  were  exercised  by  the  convention  and 
its  committees.  A  Committee  of  Safety  was  also  ap 
pointed  by  the  provincial  congress,  who  were  clothed 
with  almost  dictatorial  powers,  "  for  inquiring  into,  de 
tecting  and  defeating,  all  conspiracies  which  [might] 
be  formed  in  this  state,  against  the  liberties  of  Amer 
ica."  Mr.  Jay  was  the  chairman  of  this  committee, 
and  rendered  most  important  services,  both  in  reassur 
ing  those  who  had  begun  to  falter  in  the  good  cause, 
and  in  counteracting  the  projects  of  the  British  officers, 
and  their  tory  friends  and  abettors.  The  agents  of 
this  committee  wrere  distributed  throughout  the  whole 
state,  and  their  power  was  felt  in  the  most  remote  set 
tlements.  The  emissaries  of  royalty  were  tracked  to 
their  hiding-places,  and  their  plans  discovered  and 
frustrated;  the  disaffected  were  required  to  give  se 
curity  for  their  good  behavior;  and  the  tories  were 
either  banished  or  imprisoned. 

This  was,  indeed,  a  period  of  gloom  and  despond 
ency,  and  the  pen  of  Mr.  Jay  was  often  put  in  requisi 
tion,  for  the  purpose  of  arousing  the  people  to  engage 


104 


JOHN    JAY. 


in  the  defence  of  the  country  with  greater  alacrity,  of 
awakening  their  attention  to  the  importance  of  the 
emergency — of  encouraging  their  hopes  and  stimulat 
ing  their  patriotism.  Among  the  ablest  and  most  elo 
quent  of  his  productions,  is  the  address  from  the  pro 
vincial  congress  to  their  constituents,  which  was  pre 
pared  by  him,  and  adopted  on  the  23d  of  December, 
1776.  After  enumerating  the  wrongs  of  the  colonies, 
and  showing  how  utterly  futile  must  be  every  effort  to 
reduce  them  to  submission,  he  thus  concludes  his  ear 
nest  and  impressive  appeal :  "  Rouse,  brave  citizens ! 
Do  your  duty  like  men ;  and  be  persuaded  that  Divine 
Providence  will  not  permit  this  western  world  to  be 
involved  in  the  horrors  of  slavery.  Consider,  that 
from  the  earliest  ages  of  the  world,  religion,  liberty, 
and  reason,  have  been  bending  their  course  towards 
the  setting  sun.  The  holy  gospels  are  yet  to  be  preached 
to  these  western  regions ;  and  we  have  the  highest 
reason  to  believe  that  the  Almighty  will  not  suffer 
slavery  and  the  gospel  to  go  hand  in  hand.  It  cannot 
— it  will  not  be. 

"  But  if  there  be  any  among  us,  dead  to  all  sense  of 
honor,  and  love  of  their  country;  if  deaf  to  all  the 
calls  of  liberty,  virtue,  and  religion ;  if  forgetful  of  the 
magnanimity  of  their  ancestors,  and  the  happiness  of 
their  children ;  if  neither  the  examples  nor  the  success 
of  other  nations — the  dictates  of  reason  and  of  nature ; 
or  the  great  duties  they  owe  to  their  God,  themselves, 
and  their  posterity,  have  any  effect  upon  them — if  nei- 


'     STATE    CONSTITUTION.  105 

ther  the  injuries  they  have  received,  the  prize  they  are 
contending  for,  the  future  blessings  or  curses  of  their 
children — the  applause  or  the  reproach  of  all  mankind 
— the  approbation  or  displeasure  of  the  Great  Judge — 
or  the  happiness  or  misery  consequent  upon  their  con 
duct,  in  this  and  a  future  state,  can  move  them ; — then 
let  them  be  assured,  that  they  deserve  to  be  slaves,  and 
are  entitled  to  nothing  but  anguish  and  tribulation. 
Let  them  banish  from  their  remembrance  the  reputa 
tion,  the  freedom,  and  the  happiness  they  have  inherited 
from  their  forefathers.  Let  them  forget  every  duty, 
human  and  divine ;  remember  not  that  they  have  chil 
dren  :  and  beware  how  they  call  to  mind  the  justice 
of  the  Supreme  Being :  let  them  go  into  captivity  like 
the  idolatrous  and  disobedient  Jews ;  and  be  a  reproach 
and  a  by- word  among  the  nations.  But  we  think  bet 
ter  things  of  you — we  believe  and  are  persuaded  that 
you  will  do  your  duty  like  men,  and  cheerfully  refer 
your  cause  to  the  great  and  righteous  Judge.  If  suc 
cess  crown  your  efforts,  all  the  blessings  of  freemen 
will  be  your  reward ;  if  you  fall  in  the  contest,  you 
will  be  happy  with  God  in  heaven  !"* 

The  provincial  congress  were  unable,  owing  to  the 
exposed  condition  of  the  state,  and  the  distractions  and 
divisions  prevailing  among  a  large  portion  of  its  inhabi 
tants,  to  enter  upon  the  subject  of  organizing  a  state 
government,  until  the  spring  of  1777.  The  draft  of  a 
constitution  prepared  by  Mr.  Jay,  was  reported  to  the 

*  Life  of  John  Jay,  voL  i.  p.  56. 
5* 


106  JOHN    JAY. 

convention  on  the  12th  of  March.  In  many  of  its 
features,  this  instrument  was  decidedly  aristocratic  in 
its  character,  though  probably  not  more  so  than  might 
naturally  have  been  expected,  from  the  position  of 
those  concerned  in  framing  it.  At  that  time,  a  very 
great  share  of  power  and  influence  in  the  state,  even 
among  the  whigs,  was  held  by  the  Livingstons,  the 
Schuylers,  the  Clintons,  the  Duanes,  the  Van  Rensse- 
laers,  the  Van  Cortlandts,  the  Morrises,  and  a  few 
other  prominent  families ;  and  furthermore,  democratic 
notions  and  principles  were  hardly  as  well  under 
stood,  or  as  popular,  at  that  day,  as  they  have  since 
become. 

In  the  midst  of  the  discussion  on  the  constitution  as 
reported  by  the  committee,  Mr.  Jay  was  summoned  to 
the  bedside  of  his  dying  mother,  at  Fishkill,  to  which 
place  his  parents  had  removed  when  the  lower  counties 
of  New  York  were  overrun  by  the  enemy.  During 
his  absence  the  final  vote  was  taken,  and  the  con 
stitution  adopted ;  much  to  his  regret,  however,  as  he 
designed  to  propose  several  amendments,  and  to  en 
graft  some  new  features,  among  which  was  a  clause 
against  the  continuance  of  domestic  slavery.  Prior  to 
the  adjournment,  the  convention  appointed,  temporarily, 
the  higher  judicial  and  ministerial  officers  of  the  state. 
Mr.  Jay  was  selected,  by  general  consent,  for  the  office 
of  Chief  Justice  of  the  Supreme  Court.  It  was  also 
thought  advisable  to  appoint  a  Council  of  Safety,  con 
sisting  of  members  of  the  Convention,  upon  whom 


APPOINTED  MEMBER  OF  THE  COUNCIL  OF  SAFETY.      107 

was  devolved  the  administration  of  the  government, 
until  the  governor  and  legislature  were  elected. 

Mr.  Jay  was  appointed  a  member  of  the  Council  of 
Safety,  the  duties  of  which  office  engrossed  his  whole 
time  and  attention  throughout  the  summer,  with  the 
exception  of  a  few  brief  intervals  spent  in  ministering 
to  the  comforts  of  his  aged  father,  or  in  the  society  of 
his  devoted  wife.  The  first  term  of  the  Supreme 
Court  was  held  at  Kingston,  on  the  9th  of  September, 
1777,  on  which  occasion  the  chief  justice  delivered 
an  able  charge  to  the  grand  jury,  congratulating  them, 
and  through  them  the  people  of  the  state  at  large,  upon 
the  favorable  turn  in  the  affairs  of  the  infant  republic, 
and  encouraging  them  to  hope  for  a  glorious  issue  to 
the  struggle  in  which  she  was  engaged.  Soon  after 
the  delivery  of  this  charge,  the  temporary  appoint 
ments  made  by  the  convention  were  confirmed  by  the 
legislature ;  Mr.  Jay,  doubtless,  preferring  the  situation 
to  which  he  had  been  appointed,  as  he  had  been  re 
peatedly  solicited  to  become  a  candidate  for  the  office 
of  governor,  but  had  uniformly  declined. 

Under  the  constitution  of  1777,  the  veto  power  was 
lodged  in  the  Council  of  Revision,  which  consisted  of 
the  governor,  the  chancellor,  and  the  judges  of  the 
Supreme  Court.  Consequently,  during  the  sessions  of 
the  legislature,  Mr.  Jay  was  much  occupied,  in  attend 
ance  at  the  meetings  of  the  council,  and  in  the 
discharge  of  his  official  duties ;  yet,  notwithstanding, 
he  found  time  to  devote  considerable  attention  to  the 


108  JOHN    JAY. 

conduct  and  progress  of  the  war,  even  when  his  other 
engagements  were  the  most  pressing.  His  whole  time, 
indeed,  was  given  to  his  country  and  his  family, — the 
former  receiving  much  the  larger  share. 

On  accepting  the  post  of  Chief  Justice,  Mr.  Jay 
was  obliged  to  vacate  his  seat  in  Congress,  as  the  new 
constitution  prohibited  him  from  holding  any  other 
office,  except  that  of  delegate  to  Congress,  on  a  special 
occasion.  But  on  the  10th  of  November,  1778,  the 
legislature  decided  that  the  difficulty  with  Vermont 
constituted  a  special  occasion  which  required  his 
services  in  congress,  and  therefore  elected  him  a 
delegate  without  vacating  his  judicial  office.  He  once 
more  took  his  seat  in  that  body,  then  in  session  at 
Philadelphia,  on  the  7th  of  December  following,  and 
three  days  afterwards,  on  the  resignation  of  Henry 
Laurens,  was  chosen  to  preside  over  its  deliberations. 

In  consequence  of  the  critical  condition  of  the 
country,  and  the  frequent  necessity  of  prompt  action 
to  provide  for  the  public  safety,  congress  now  took  no 
recess,  but  remained  constantly  in  session.  Mr.  Jay 
did  not  absent  himself  in  a  single  instance  from  his 
seat;  but  he  soon  came  to  the  conclusion  that  his 
protracted  absence  from  the  state  was  hardly  consist 
ent  with  his  position  as  chief  justice.  Accordingly, 
he  determined  en  resigning  the  latter  office,  in  the  fall 
of  1779.  Governor  Clinton  urgently  requested  him  to 
recall  his  letter  of  resignation,  but  he  persisted  in  the 
resolution  he  had  formed. 


MINISTER    TO    SPAIN.  109 

While  acting  as  president  of  congress,  the  high 
honor  was  conferred  upon  him  of  being  selected  to 
prepare  a  circular  letter  to  the  states,  urging  them  to 
furnish  the  funds  required  for  a  vigorous  prosecution 
of  the  war.  Like  all  his  productions  of  a  similar 
character,  this  is  distinguished  for  its  manly  earnest 
ness,  and  its  patriotic  tone.  "  Let  it  never  be  said," 
he  remarked  at  the  close  of  tfie  letter,  "  that  America 
had  no  sooner  become  independent  than  she  became 
insolvent,  or  that  her  infant  glories  and  growing  fame 
were  obscured  and  tarnished  by  broken  contracts  and 
violated  faith,  in  the  very  hour  when  all  the  nations  of 
the  earth  were  admiring  and  almost  adoring  the 
splendor  of  her  rising." 

A  secret  article  annexed  to  the  treaty  with  France, 
concluded  in  February,  1778,  provided,  that  Spain 
might  also  accede  thereto,  whenever  she  thought 
proper;  and  during  the  summer  of  1779,  congress 
was  repeatedly  urged  by  the  French  minister,  M. 
Gerard,  to  take  measures  for  securing  the  object  con 
templated  by  that  article.  It  was  finally  concluded  to 
dispatch  an  envoy  to  the  Spanish  court,  arid  on  the 
27th  of  September,  Mr.  Jay  was  selected  for  that  im 
portant  mission.  His  instructions  were  delivered  to 
him  on  the  16th  of  October,  and  on  the  18th  instant 
he  set  sail  from  America  in  the  frigate  Confederacy. 
He  was  accompanied  by  his  wife,  and  her  brother, 
Brockholst  Livingston,  who  acted  as  his  private  sec 
retary. 


110  JOHN    JAY. 

On  the  passage,  he  narrowly  escaped  shipwreck. 
The  Confederacy  was  obliged  to  put  into  St.  Pierre 
in  the  island  of  Martinique,  in  distress.  It  was  for 
tunate  that  this  port  was  selected  instead  of  Fort 
Royal,  as  a  large  English  fleet  was  then  lying  off  the 
latter  town,  and  would  undoubtedly  have  captured  the 
American  vessel  had  she  come  within  reach.  From 
St.  Pierre,  Mr.  Jay  and  his  suite  proceeded,  in  a 
French  frigate,  to  Cadiz,  where  they  arrived  on  the 
22d  of  January,  1780.  No  time  was  lost  in  com 
municating  his  arrival  to  the  Spanish  minister,  Count 
Florida-Blanca ;  but  weeks  and  months  passed  away 
without  his  being  honored  with  a  formal  reception  in 
his  official  character.  After  much  solicitation  on  his 
part,  pecuniary  assistance,  to  some  extent,  was  obtained ; 
but  the  Spanish  monarch  declined  to  recognize  the 
independence  of  the  American  colonies,  or  to  enter 
into  a  treaty  with  them,  unless  they  would  surrender 
their  claims  to  the  navigation  of  the  Mississippi.  This 
Mr.  Jay  was  neither  willing,  nor  prepared  to  do,  on 
their  behalf.  But  in  the  month  of  July,  1780,  he  was 
authorized  by  congress  to  make  further  concessions, 
and  not  to  insist  on  the  free  navigation  of  the  Missis 
sippi  below  the  southern  boundary  of  the  United 
States.  The  projet  of  a  treaty  was  then  drawn  up  by 
him  and  submitted  to  the  Spanish  minister,  one  article 
of  which  relinquished  the  claim  to  the  navigation  of 
the  river,  in  accordance  with  the  instructions  of  con 
gress.  The  negotiation  was  now  suspended,  however, 


TREATY    OF    PEACE.  Ill 

by  the  appointment  of  Mr.  Jay,  in  conjunction  with 
Messrs.  Adams,  Franklin,  and  Laurens,  as  commission 
ers  to  conclude  a  peace  with  Great  Britain. 

He  left  Madrid  in  May,  1782,  and  on  the  23d  of 
June  joined  Dr.  Franklin  in  Paris.  The  instructions 
of  congress  required  the  commissioners,  in  any  ne 
gotiation  for  a  treaty  of  peace,  to  act  under  the  advice 
of  the  French  government.  It  soon  became  evident 
to  Mr.  Jay  that  France  was  unwilling  that  terms  of 
peace  should  be  concluded,  unless  they  were  calculated 
to  subserve  her  interests,  and,  through  his  persuasion 
and  influence,  his  colleagues  were  induced  to  unite 
with  him  in  disregarding  the  instructions  of  congress. 
The  provisional  articles  were  therefore  agreed  upon, 
without  consultation  with  the  French  government,  and 
regularly  signed  on  the  30th  of  November,  1782.* 

*  Although  Mr.  Jay  always  persisted  in  affirming  that  he  was  per 
fectly  indifferent  as  between  England  and  France,  (Life  by  his  son,  voL 
iL,  p.  261,)  yet  it  is  very  evident  that  he  was  inclined  to  be  partial  to 
the  former.  His  ancestors  had  there  found  a  refuge,  when  fleeing  from 
the  persecutions  of  the  French  Catholics,  and  it  is  but  natural  that  he 
should  have  imbibed  their  prejudices.  He  opposed  the  invasion  of 
Canada,  during  the  revolutionary  war,  preferring,  doubtless,  to  have  it 
remain  under  the  dominion  of  Great  Britain,  than  be  transferred  to  the 
original  possessors.  (Life  of  Jay,  voL  i.  p.  84.) 

France — that  is,  the  government  as  distinguished  from  the  people, 
for  they  were  heart  and  soul  with  us — may  have  desired  that  America 
should  become  her  protegee ;  yet  it  is  still  a  mooted  question,  whether 
Louis  and  his  ministers  acted  in  bad  faith ;  and  the  prejudices  of  Mr. 
Jay  may  have  enabled  him  to  discover  what  escaped  the  penetration 
of  Adams  and  Franklin.  The  reader  will  find  some  able  eommunica- 


112  JOHN    JAY. 

It  deserves  to  be  mentioned  of  Mr.  Jay,  in  con 
nection  with  this  transaction,  that  he  manfully  and 
resolutely  refused  to  treat  with  the  British  commis 
sioners,  although  his  associates  were  disposed  to  yield 
the  point,  unless  the  independence  of  the  colonies 
was  first  conceded,  by  acknowledging  their  represen 
tatives,  at  the  outset,  as  the  commissioners  of  the 
United  States  of  America. 

After  the  arrival  of  Mr.  Jay  in  Paris,  the  Spanish 
minister,  at  the  French  court,  proposed  to  resume  the 
negotiations  which  had  been  broken  off  at  Madrid. 
The  former  readily  assented  to  this,  but  the  question  in 
respect  to  the  navigation  of  the  Mississippi  formed 
an  insuperable  obstacle  to  any  satisfactory  arrange 
ment.  In  the  spring  of  1783,  Mr.  Jay  was  invited  to 
return  to  Madrid,  to  renew  his  negotiations,  and  he  at 
one  time  decided  to  comply  with  the  invitation.  But 
the  enfeebled  state  of  his  health,  occasioned  by  the 
unfriendly  climate  of  Spain,  and  his  devotion  to  his 
public  duties,  compelled  him  to  reconsider  his  deter 
mination.  He  remained  in  France  until  the  definitive 
treaty  of  peace  was  signed,  in  September,  1783,  and 
then  proceeded  to  England  to  try  the  effect  of  the 
waters  of  Bath.  He  rejoined  his  family,  whom 
he  had  left  at  Paris,  in  January,  1784,  and  in  the 

tions  on  this  subject  in  the  National  Intelligencer,  during  August,  Sep 
tember,  and  October,  1847.  For  Mr.  Jay's  views  upon  this  subject,  and 
the  details  of  his  course,  see  his  life  by  bis  son,  voL  i  p.  120,  et  seq.,  and 
vol  il  p.  456,  et  seq. 


APPOINTED  SECRETARY  OF  FOREIGN  AFFAIRS.    113 

month  of  May  following  embarked  for  the  United 
States. 

On  the  24th  of  July,  1784,  Mr.  Jay  landed  at  New 
York,  and  was  honored  with  a  most  enthusiastic  re 
ception  by  his  fellow-citizens,  who  congratulated  him 
upon  the  signal  services  he  had  rendered  to  the  colonies 
during  the  contest  for  independence,  and  in  the  nego 
tiations  which  resulted  in  the  treaty  of  peace.  An 
address  was  also  presented  to  him  by  the  corporation 
of  New  York,  accompanied  with  the  freedom  of  the 
city,  in  a  gold  box. 

Many  of  the  friends  of  Mr.  Jay  had  desired  that 
he  should  continue  to  represent  the  Confederation  at 
some  one  of  the  European  courts,  but  he  refused  to 
accept  any  appointment  that  required  his  permanent 
residence  abroad.  He  had  for  some  years  contem 
plated  retiring  to  private  life,  and  resuming  the  practice 
of  his  profession,  at  the  close  of  the  war,  though  the 
death  of  his  father,  which  had  occurred  during  his 
absence,  removed  one  of  the  reasons  that  influenced 
him  in  coming  to  that  decision.  Upon  his  return  home, 
however,  he  found  that  he  had  been  elected  by  con 
gress,  on  the  7th  of  May  previous,  to  the  responsible 
office  of  Secretary  for  Foreign  Affairs.  He  at  first 
hesitated  about  accepting  the  office,  and  while  he  was 
still  undetermined  he  was  again  appointed  by  the  state 
legislature  one  of  their  delegates  to  congress.  That 
body  met  at  Trenton  on  the  1st  of  November,  but 
adjourned  on  the  23d  of  December  to  the  city  of 


114  JOHN    JAY. 

New  York,  which  continued  to  be  the  place  of  meeting 
till  the  adoption  of  the  federal  constitution. 

The  removal   of  the  seat  of  government  to  New 
York,  to  which  Mr.  Jay  was  partial   as  a  place  of 
residence,  obviated  his  principal  objection  to  the  office 
of  Secretary  for  Foreign  Affairs.     He  therefore  ac 
cepted  the  appointment,  and  immediately  entered  upon 
the  discharge  of  his  official  duties.      For  two  years 
the  office  had  been  without  a  head,  and  he  found  its 
affairs  in  a  most  complicated  condition.     But  order 
was  soon  restored  under  his  auspices,  and  everything 
moved  on  harmoniously  and  with  great  dispatch.    The 
post  which  he  now  held  was  in  every  respect  the  most 
important  in  the  country,  as  the  whole  correspondence 
with  foreign  governments  and  with  the  states,  was 
conducted  by  him.     He  was,  in  truth,  the  executive 
head  of  the  Confederation,  at  least  when  congress  was 
not  in  session ;  and  while  they  were  convened,  he  was 
almost  always  consulted  upon  every  measure  of  more 
than  ordinary  consequence.      While   acting  in  this 
capacity,  he  was  again  selected  by  congress  to  nego 
tiate   a  treaty  with   the   Spanish  minister,    but  the 
navigation  of  the  Mississippi  still  proved  an  insur 
mountable  difficulty.     In  accordance  with  his  advice, 
he  received  instructions  to  consent  to  a  suspension  of 
the  navigation  for  twenty  years,  below  the  southern 
boundary  of  the  United  States.     But  even  this  con 
cession  did  not  satisfy  the  Spanish  envoy,  and  no  treaty 
was  concluded.     For  offering  this  advice  an  unsuc- 


DECLINES    BEING    CANDIDATE    FOR    GOVERNOR.       115 

cessful  attempt  was  made  in  congress  to  revoke  the 
commission  given  to  Mr.  Jay.  All  the  southern 
delegates,  with  one  exception,  supported  the  motion, 
but  it  was  defeated  by  the  unanimous  vote  of  the 
other  members. 

In  the  summer  of  1785,  General  Schuyler  and  other 
friends  of  Mr.  Jay,  urged  him  quite  warmly  to  become 
a  candidate  for  the  office  of  governor  of  the  state ;  but, 
although  the  duties  of  his  present  situation  were  a 
great  deal  more  arduous,  and  the  post  itself  far  less 
lucrative,  he  declined  giving  the  desired  permission  to 
bring  him  forward  as  a  candidate. 

"From  the  first  organization  of  parties,  Mr.  Jay  was 
a  decided  federalist,  though  usually  moderate  in  the 
avowal  of  his  opinions.  The  confiscation  act  of  New 
York  had  been  passed  while  he  was  in  Spain,  but  he 
was  so  much  opposed  to  the  law  that  he  could  never 
even  speak  of  it  with  complacency,  and  ever  refused 
to  purchase  any  land  forfeited  in  pursuance  of  its  pro 
visions.  Though  he  took  no  active  part  in  the  contro 
versy,  he  approved  of  the  surrender  of  the  import 
duties  at  New  York  to  the  general  government. 

His  position  as  secretary  enabled  him  to  discover 
and  appreciate  the  defective  features  in  the  articles  of 
confederation.  He  was,  therefore,  among  the  foremost, 
in  advocating  the  formation  of  a  central  government, 
possessing  more  power  than  had  been  given  to  the 
continental  congress.  The  great  evil  of  the  existing 
system,  in  his  opinion,  was  the  "  want  of  energy  both 


116  JOHN    JAY. 

in  state  and  federal  governments/'*  He  was,  therefore, 
not  an  inattentive  observer  of  the  proceedings  of  the 
convention  assembled  at  Philadelphia  in  1787,  and  the 
constitution  which  they  framed  met  with  his  cordial 
approbation.  Those  matchless  papers  written  in  its 
favor,  which,  under  the  collective  appellation  of  "  The 
Federalist,"  have  survived  all  the  mutations  of  parties, 
and  are  still  regarded  as  safe  guides  in  the  determina 
tion  of  constitutional  questions,  were  prepared  by  him, 
in  connection  with  Madison  and  Hamilton.  He  con 
tributed  the  2d,  3d,  4th,  and  5th  numbers,  and  was 
then  obliged  to  discontinue  writing,  in  consequence  of 
a  serious  wound  in  the  forehead  from  a  stone  thrown 
at  him  when  attempting,  with  others,  to  preserve  the 
peace  of  the  city  during  the  "  doctors'  mob."  Subse 
quently,  however,  he  prepared  the  64th  number,  on 
the  treaty -making  power.  He  also  published  an  able 
address  to  the  people  of  New  York,  but  without  his 
name,  in  support  of  the  constitution. 

In  April,  1788,  he  was  elected  a  delegate  from  the 
city  of  New  York  to  the  state  convention  called  to 
ratify  the  constitution,  upon  the  same  ticket  with 
Robert  R.  Livingston,  Richard  Morris,  James  Duane, 
John  Sloss  Hobart,  and  Alexander  Hamilton.  The 
federalists  were  then  largely  in  the  majority  in  the 
city,  but  on  account  of  his  personal  popularity,  Mr. 
Jay  ran  considerably  ahead  of  his  associates,  and  out 
of  2833  votes  given,  he  received  all  but  98.  At  the 

*  life  of  John  Jay,  vol.  i.  p.  251. 


CHIEF    JUSTICE    OF    THE    UNITED    STATES.  117 

state  convention  he  took  an  active  part  in  discussing 
the  constitution,  and  offered  the  resolution  by  which  it 
was  ratified.  The  great  preponderance  of  anti-feder 
alists  in  the  convention  rendered  it  impossible  for  the 
comparatively  few  federal  members  to  exert  much  in 
fluence  ;  but  such  was  the  confidence  of  all  parties  in 
Mr.  Jay,  that  he  was  selected  to  draft  the  circular  let 
ter  to  the  states,  urging  the  adoption  of  the  amend 
ments  proposed  by  the  New  York  convention. 

Upon  the  organization  of  the  federal  government, 
General  Washington  tendered  to  Mr.  Jay  any  office 
in  his  power  to  bestow.  He  selected  that  of  Chief 
Justice  of  the  Supreme  Court  of  the  United  States, 
and  was  duly  appointed  to  that  office  on  the  26th  of 
September,  1789.  At  the  request  of  the  president,  he 
officiated  as  secretary  of  state  until  the  arrival  of  Mr. 
Jefferson  at  the  seat  of  government.  The  supreme 
court  was  not  fully  organized  till  April,  1790,  when 
Mr.  Jay  entered  upon  his  judicial  duties.  As  a  judge, 
he  was  distinguished  for  his  firmness,  impartiality,  and 
integrity.  His  abilities,  too,  were  held  in  high  estima 
tion,  and  the  degree  of  Doctor  of  Laws  was  conferred 
upon  him  by  Harvard  University  as  a  compliment  to 
his  attainments  as  a  jurist.  No  man  ever  held  in 
higher  respect  the  fundamental  principles  of  law  and 
equity — none  reverenced  more  sincerely  the  sacred 
fountains  of  jurisprudence;  but  unwise  precedents 
never  found  favor  in  his  eyes,  and  unmeaning  statutes 
were  regarded  as  of  but  little  worth. 


118  JOHN    JAY. 

While  upon  the  bench,  Mr.  Jay  scrupulously  refrain 
ed  from  interfering  with  political  controversies,  though 
he  was  often  consulted  by  General  Washington  in  re 
gard  to  questions  of  public  policy.  In  the  month  of 
February,  1792,  he  was  nominated  at  a  meeting  of  the 
federalists  in  the  city  of  New  York,  as  a  candidate  for 
governor,  and  was  supported  as  such  at  the  ensuing 
election.  This  nomination  was  made  without  solicita 
tion  on  his  part,  and  he  reluctantly  yielded  to  the  wishes 
of  his  friends.  The  election  was  closely  contested. 
His  competitor,  George  Clinton,  had  hitherto  been  re 
garded  as  the  most  popular  man  in  the  state,  and  many 
of  the  warmest  federalists  in  former  years,  including 
the  Livingston  family,  took  ground  against  Mr.  Jay. 
The  latter  received  a  greater  number  of  the  votes 
east ;  but  the  canvassers,  a  majority  of  whom  were 
his  political  opponents,  rejected  the  votes  of  Clinton, 
Tioga,  and  Otsego  counties,  on  account  of  some  techni 
cal  irregularities,  and  declared  Mr.  Clinton  to  be  duly 
elected  governor  of  the  state.* 

The  friends  of  Mr.  Jay  denounced  the  proceedings 
of  the  canvassers  in  the  strongest  terms,  and  had  he 
contributed  in  any  way  to  keep  up  the  excitement,  or 
had  he  favored  even  indirectly  a  resort  to  violent 
measures,  a  scene  of  anarchy  and  confusion  would 
soon  have  been  presented.  But  he  invariably  replied 
to  the  addresses  poured  in  upon  him,  in  a  mild  and 
conciliatory  tone,  and  on  all  occasions  exerted  himself 
*  See  page  61,  ante". 


SPECIAL    ENVOY    TO    ENGLAND.  119 

to  allay  the  storm.  The  legislature  sustained  the  de 
cision  of  the  canvassers,  and,  like  a  good  citizen,  he 
acquiesced  without  a  murmur, — confident,  meanwliile, 
that  the  "  sober  second  thought"  of  the  people  would 
do  him  that  justice  which  their  representatives  had 
withheld.  The  result  of  the  next  gubernatorial  elec 
tion  showed  most  conclusively  that  he  was  not  mis 
taken. 

In  the  month  of  February,  1793,  a  suit  was  decided 
in  the  supreme  court  of  the  United  States,  which  in 
volved  the  important  question,  whether  a  citizen  of 
one  state  could  bring  an  action  against  another  state. 
The  chief  justice  delivered  the  prevailing  opinion  in 
the  cause,  by  which  the  right  to  sue  was  maintained. 
This  decision  occasioned  considerable  dissatisfaction 
in  the  southern  states,  and  it  was  only  quieted  by  the 
adoption  of  the  amendment  to  the  constitution,  which 
declares  that  the  judicial  power  of  the  United  States 
shall  not  extend  to  suits  prosecuted  against  one  of  the 
states,  by  citizens  of  another  state,  or  citizens  or  sub 
jects  of  a  foreign  state. 

Mr.  Jay  was  consulted  by  Washington  in  regard  to 
the  proclamation  of  neutrality,  issued  in  April,  1793. 
He  not  only  approved  of  that  measure,  but  in  his  offi 
cial  capacity,  and  as  a  private  individual,  enjoined  its 
observance  upon  his  fellow-citizens.  In  the  following 
year,  when  it  was  determined  to  dispatch  a  special  en 
voy  to  England  to  remonstrate  with  the  British  gov 
ernment  against  its  repeated  violations  of  the  treaty 


120  JOHN    JAY. 

of  1783,  and  its  efforts  to  monopolize  the  trade  of 
America,  John  Jay  was  selected  for  the  mission.  His 
name  was  sent  into  the  senate  on  the  16th  of  April, 
1794,  and  was  soon  after  confirmed.  Without  resign 
ing  the  office  of  chief  justice,  as  his  absence  from  the 
country  was  designed  to  be  but  temporary,  he  embark 
ed  from  New  York  on  the  12th  of  May. 

The  result  of  Mr.  Jay's  mission  was  the  celebrated 
treaty  which  bears  his  name,  concluded  on  the  19th 
of  November,  1794.  The  anti-federalists,  or  repub 
licans,  had  originally  endeavored  to  defeat  his  nomina 
tion,  and  denounced  in  unmeasured  terms  all  further 
attempts  at  negotiation ;  and  when  the  treaty  was  pub 
lished,  it  at  once  encountered  a  most  violent  storm  of 
denunciation.  It  did  not  want  for  able  defenders, 
however,  and  was  ultimately  approved  by  the  president 
and  senate.  The  merits  and  demerits  of  this  treaty 
have  been  often  discussed ;  but  the  space  to  do  justice 
to  them  could  hardly  be  afforded  in  a  mere  biographi 
cal  sketch.  It  was  not  in  every  respect  such  as  was 
desired ;  Mr.  Jay  himself  hesitated  to  sign  it ;  Presi 
dent  Washington  declined  taking  the  responsibility  of 
approving  it,  until  he  was  advised  so  to  do  by  the  sen 
ate  ;  and  the  latter  only  ratified  it,  with  some  modifi 
cations,  by  the  constitutional  vote  of  two  thirds.  On 
the  other  hand,  it  was  undoubtedly  the  best  that  could 
then  have  been  obtained  ;  and,  although  it  did  not  pre 
vent  a  seeond  war  with  Great  Britain,  it  had  the  effect 


ELECTED  GOVERNOR  OF  NEW  YORK.       121 

of  postponing  hostilities  till  the  country  was  better 
prepared  for  them.* 

Ill  health  prevented  the  return  of  Mr.  Jay  to  Amer 
ica  until  the  spring  of  1795.  During  his  absence  he 
was  again  put  in  nomination  by  his  federal  friends  for 
the  office  of  governor.  The  election  took  place  in 
April,  1795,  and  before  the  contents  of  the  treaty  were 
made  known.  Public  opinion  was  strongly  enlisted  in 
behalf  of  Mr.  Jay,  in  consequence  of  the  manner  in 
which  he  had  been  defeated  at  the  previous  election, 
and  in  a  poll  of  twenty-five  thousand  votes,  he  obtain 
ed  nearly  sixteen  hundred  majority  over  the  opposing 
candidate,  Robert  Yates,  chief  justice  of  the  supreme 
court  of  the  state.  The  former  landed  at  New  York 
on  the  28th  of  May,  and  on  the  1st  of  July  took  the 
oath  of  office  as  governor  of  the  state ;  having  pre 
viously  resigned  his  seat  on  the  bench  of  the  supreme 
court. 

Governor  Jay  delivered  his  first  speech  to  the  legis 
lature,  at  the  commencement  of  the  session  in  January, 
1796.  He  declared  that  he  would  proscribe  no  one 
for  the  sake  of  his  political  opinions,  and  that  he  would 
"  regard  all  his  fellow-citizens  with  an  equal  eye,"  and 

*  See  Marshall's  Life  of  Washington,  vol.  v.  p.  533,  et  seq. ;  Life  of 
John  Jay,  vol.  i.  p.  305,  et  seq. ;  vol.  il  p.  235,  et  seq. ;  Sparks'  Writ 
ings  of  Washington,  voL  xi.  p.  35,  et  seq. ;  Gibbs'  Administrations  of 
Washington  and  Adams,  voL  L  p.  190,  et  seq. ;  Randolph's  Vindication 
of  his  Resignation,  Philadelphia,  1794 ;  Examination  of  the  Conduct  of 
Great  Britain  respecting  neutral  states,  Philadelphia,  1807. 
6 


122  JOHN    JAY. 

"  cherish  and  advance  merit,  wherever  found."  How 
ever  praiseworthy  may  have  been  the  motives  that 
prompted  this  declaration, — however  noble  the  theory 
of  the  new  governor, — he  was  utterly  unable  to  reduce 
it  to  practice ;  and  during  his  administration  a  great 
number  of  removals  were  made  from  political  consider 
ations.  Probably  Mr.  Jay  did  not  concur  in  the  pro 
priety  of  making  all  these  changes,  but  if  so,  he  re 
mained  a  passive  spectator  in  the  council  composed 
of  his  friends.* 

Among  the  recommendations  of  the  governor  were 
the  mitigation  of  the  criminal  code,  and  the  establish 
ment  of  institutions  for  the  employment  and  reforma- 

*  The  biographer  of  Mr.  Jay,  (voL  i.  p.  391)  says  that  when  the  lat 
ter  entered  upon  the  office  of  governor,  "  most  if  not  all  the  offices"  in 
the  gift  of  the  executive,  were  filled  by  the  political  friends  of  Governor 
George  Clinton ;  and  he  adds,  furthermore,  (ibid,  p.  392)  that  "  during 
the  six  years  of  Governor  Jay's  administration,  not  one  individual  was 
dismissed  by  him  from  office  on  account  of  his  politics."  Now,  either 
one  or  other  of  these  statements  is  incorrect ;  for  it  is  undeniably  true, 
that  when  the  republican  party  regained  the  ascendency  in  the  state, 
near  the  close  of  Governor  Jay's  administration,  they  found  that  "  most 
if  not  all  the  offices"  were  filled  by  hit  political  friends.  The  writer 
may  have  intended  that  his  language  should  be  construed  strictly,  and 
to  be  understood  as  saying  that  Governor  Jay,  in  his  own  proper  per 
son,  did  not  actually  remove  any  person  from  office  on  account  of  his 
politics ;  but  if  such  be  the  construction  he  designed  to  have  put  upon 
his  words,  the  fairness  and  impartiality  of  the  writer  are  not  very  ob 
vious,  especially  when  we  reflect  that  all  appointments,  of  any  import 
ance,  were  made  by  the  council  of  which  the  governor  was  a  member, 
and  upon  his  nomination. 


ABOLITION    OP    SLAVERY.  123 

tion  of  criminals.  Both  these  suggestions  were  ap 
proved  by  the  legislature,  and  the  necessary  laws 
passed.  He  also  urged  the  importance  of  facilitating 
and  multiplying  the  means  of  intercourse  between  dif 
ferent  parts  of  the  state.  Although  he  had  long  been 
in  favor  of  the  gradual  abolition  of  slavery,  he  did  not 
think  proper  to  recommend  the  measure,  lest  it  might 
become  connected  with  party  politics.  An  intimate 
friend  of  his,  however,  introduced  a  bill  providing  for 
the  abolition,  at  an  early  day  in  the  session.  There 
were  still  too  many  and  too  powerful  prejudices  to 
overcome,  and  a  favorable  vote  was  not  this  year  ob 
tained  ;  but  the  subject  was  pressed,  at  each  annual 
meeting  of  the  legislature,  by  the  friends  of  the  gov 
ernor,  acting  under  his  counsel  and  advice ;  and  in 
the  winter  of  1799,  their  efforts  were  crowned  with 
complete  success,  and  the  bill  which  had  so  often  been 
postponed  or  defeated  became  the  law  of  the  land.  In 
this  manner  was  Governor  Jay  identified  with  the  first 
effort  made  towards  the  abolition  of  slavery  in  the 
state  of  New  York. 

The  session  of  the  legislature  in  the  winter  of  1797 
passed  off  without  any  occurrence  of  unusual  interest. 
At  the  ensuing  session  the  governor  recommended  the 
passage  of  laws  providing  for  the  more  strict  observ 
ance  of  the  Sabbath.  One  of  the  first  acts  of  his  ad 
ministration  had  been  the  recommendation  of  a  day 
of  public  thanksgiving,  in  accordance  with  the  pre 
vailing  custom  in  the  New  England  states.  But 


124  JOHN    JAY. 

"eastern  notions"  were  not  at  all  popular  among  the 
descendants  of  the  old  Knickerbockers,  and  he  never 
repeated  the  recommendation.  The  measure  which 
he  suggested  in  1798  was  much  more  acceptable,  and 
a  law  was  enacted,  in  conformity  with  his  suggestions. 
At  this  session,  also,  a  company  was  incorporated  to 
make  a  navigable  communication  between  Lakes  Erie 
and  Ontario,  but  it  never  went  into  operation. 

At  the  April  election  in  1798,  Mr.  Jay  was  again  a 
candidate.  He  would  willingly  have  retired  from  the 
chair  of  state,  but  his  friends  insisted  that  no  other 
man  belonging  to  the  party  could  be  chosen,  and  the 
prospect  of  a  war  with  France  rendered  it  highly  im 
portant  that  the  national  administration  should  be  sus 
tained  by  the  'powerful  state  of  New  York.  The  ex 
citement  in  regard  to  the  treaty  with  Great  Britain  in 
1794,  had  now  nearly  subsided,  but  the  republicans 
were  active  and  determined  in  preparing  for  the  can 
vass,  and  they  presented  as  their  candidate,  Robert  R. 
Livingston,  the  chancellor  of  the  state,  and  the  inti 
mate  friend  and  relative  of  Mr.  Jay.  The  latter  would 
have  preferred  almost  any  other  opponent,  but  no  al 
ternative  seemed  to  be  left  to  him.  The  election  went 
off  without  any  disturbance  or  difficulty,  notwithstand 
ing  the  heated  passions  and  prejudices  of  the  rival 
parties.  About  thirty  thousand  votes  were  cast,  over 
sixteen  thousand  of  which  were  given  to  Mr.  Jay. 

The  first  two  years  of  the  second  term  of  Mr.  Jay's 
administration  passed  away  quietly.  In  the  summer 


HIS    CHARACTER    AS    A    POLITICIAN.  125 

of  1798,  an  extra  session  of  the  legislature  was  held, 
in  pursuance  of  his  proclamation,  for  the  purpose  of 
adopting  measures  for  the  defence  of  the  state,  in  co 
operation  with  the  general  government;  a  war  with 
France  being  at  that  time  threatened.  At  the  April 
election  in  1800,  a  majority  of  republican  members 
were  returned  to  the  New  York  assembly ;  and  it  was 
now  certain,  that  if  the  choice  of  electors  were  to  be 
made  by  the  legislature,  Mr.  Jefferson  would  be  elected 
president.  In  order  to  prevent  this  result,  Alexander 
Hamilton  wrote  a  letter  to  Mr.  Jay,  urging  him  to  con 
vene  the  old  legislature,  whose  terms  of  office  did  not 
expire  until  the  1st  of  July,  for  the  purpose  of  chang 
ing  the  law  so  as  to  permit  the  choice  of  electors  by 
the  people  in  districts.  By  this  means,  he  said,  "  a 
majority  of  votes  in  the  United  States  for  a  federal 
candidate"  would  be  ensured.  To  the  honor  of  Gover 
nor  Jay,  be  it  said,  he  refused  to  have  any  part  in  such 
a  proceeding ;  and  upon  the  letter  of  Mr.  Hamilton, 
afterwards  found  among  his  papers,  he  made  this  en 
dorsement  :  "  Proposing  a  measure  for  party  purposes, 
which  I  think  it  would  not  become  me  to  adopt."* 

This  act  was  strictly  in  keeping  with  the  character 
of  Mr.  Jay  as  a  politician.  Throughout  his  whole  life, 
he  was  a  firm,  decided,  and  consistent  federalist ;  but 
he  never  manifested  the  bitterness  that  characterized 
Ames  and  Sullivan,  and  belonged  rather  to  that  con 
servative  school  headed  by  the  Pinckneys,  the  Ad- 

*Xife  of  Jay,  vol.  I  p.  412  et  seq. 


126  JOHN    JAY. 

amses,  and  the  Kings,  than  to  that  ultra  class  led  on 
by  Hamilton,  Pickering,  and  Wolcott.  He  was  op 
posed  to  the  election  of  foreigners  to  office.*  He 
thought  the  right  of  suffrage  ought  to  be  restricted,  in 
most  cases,  to  freeholders ;  for  it  was  ever  a  favorite 
maxim  with  him,  that  "  those  who  own  the  country, 
ought  to  govern  it  ;"f  and  he  had  a  great  horror  of  de 
mocracy,  believing  that  "pure  democracy,  like  pure 
rum,  easily  produces  intoxication/'J  Previous  to  the 
adoption  of  the  federal  constitution,  he  expressed  him 
self  in  favor  of  a  strong  central  government,  which 
should  possess  the  power  of  commissioning  and  remov 
ing  all  the  principal  officers  in  the  different  states  ;§  and 
though  he  lived  to  see  the  Union  successful  beyond  the 
most  sanguine  expectations  of  its  friends — to  behold 
the  daughter  outstripping  the  mother  country — "  matre 
pulchrd  filia  pulchrior" — in  all  the  elements  of  na 
tional  wealth  and  greatness — he  had  but  little  confi 
dence  in  the  stability  of  the  government.  ||  He  was  a 
friend  to  the  people,  but  he  preferred  to  be  their  pro 
tector,  rather  than  their  equal. 

In  entertaining  these  views,  and  in  uttering  them  on 
all  suitable  occasions,  he  was  frank  and  sincere ;  but  he 
was  no  political  bigot,  and  he  never  failed  to  rejoice  in 
the  happiness  and  prosperity  of  his  native  land. 

In  his  first  speech  to  the  legislature,  in  January, 

*  Life  of  John  Jay,  voL  L  p.  407.  f  Ibid-  P-  ?0. 

\  Ibid.  voL  U,  pp.  309,  313,  351,  866,  ct  alibi       §  Ibid.  voL  L  p.  256. 

|  Ibid.  vol.  ii.  p.  295. 


RETIRE3    TO    PRIVATE    LIFE.  127 

1796,  Governor  Jay  recommended  that  something 
should  be  done  to  remove  the  ambiguity  in  the  consti 
tution,  relative  to  the  exclusive  right  of  the  governor 
to  make  nominations,  which  had  occasioned  the  dispute 
between  Governor  Clinton  and  the  council  of  appoint 
ment.  No  action  was  had  in  the  premises,  however ; 
and  at  the  session  of  the  legislature,  in  the  month  of 
November,  1800,  the  republican  majority  in  the  assem 
bly  made  choice  of  a  council,  composed  of  a  majority 
of  their  political  friends.  De  Witt  Clinton  and  Ambrose 
Spencer,  the  leading  republicans  in  the  senate,  were 
members  of  this  council.  They  were  not  convened  by 
the  governor  until  the  llth  of  February,  when  his 
nominations  were  summarily  rejected  by  the  majority ; 
and  at  a  subsequent  meeting,  they  claimed  the  concur 
rent  right  of  nomination.  Governor  Jay  was  determin 
ed  not  to  yield  the  point ;  he  therefore  refused  to  put 
any  nominations,  except  those  made  by  himself,  and 
forthwith  adjourned  the  council.  He  immediately 
sent  a  message  to  the  legislature  upon  the  subject,  and 
the  majority  of  the  council  also  made  a  written  com 
munication  to  the  assembly.  The  two  houses  could 
not  agree  upon  the  measures  necessary  to  be  adopted, 
though  a  law  was  passed  at  this  session,  recommending 
a  convention ;  and  the  governor  did  not  again  call  the 
council  together  during  the  remainder  of  his  official 
term. 

An  effort  was  made  by  the  party  friends  of  Mr.  Jay, 
to  induce  him  to  become  a  candidate  a  third  time ;  but 


128 


JOHN    JAY. 


it  proved  unavailing.  The  period  had  now  arrived,  at 
which  he  had  long  previously  determined  to  retire  to 
private  life ;  and  he  could  not  be  induced  to  forego  the 
quiet  and  repose  to  which  he  had  looked  forward  with  so 
much  satisfaction,  for  a  participation  in  the  imbittered 
strifes  and  controversies  of  political  partisans.  On  the 
19th  of  December,  1800,  he  was  appointed  by  the  presi 
dent  and  senate  Chief  Justice  of  the  United  States  ;* 
but  even  the  tempting  prospect  thus  afforded,  of  a 
return  to  his  old  post,  could  not  induce  him  to  alter  his 
determination;  and  in  the  month  of  May,  1801,  he 
bade  a  final  adieu  to  the  cares  and  anxieties  of  office, 
and  retired  to  his  estate  at  Bedford,  in  the  county  of 
Westchester.  Here  he  spent  the  remainder  of  his  life, 
surrounded  by  a  few  friends,  who  knew  and  could  ap 
preciate  his  worth — by  children  who  revered  and  loved 
him ;  occupying  himself  in  the  care  of  his  farm,  in 
works  of  benevolence  and  charity,  in  the  study  of  the 
Bible,  and  in  advancing  the  interests  of  religion. 

He  lost  his  wife  within  the  first  year  after  his  remo 
val  to  Westchester  county ;  but  severe  as  was  this 
blow,  it  fell  upon  a  heart  sustained  and  cheered  by  the 
Christian's  hope — patient  in  every  trial,  and  resigned 
in  every  affliction.  He  survived  her  many  years; 
and  though  never  unmindful  of  her  absence,  he  did  not 

*  It  would  seem  that  the  nomination  of  Mr.  Jay  was  not  very  ac 
ceptable  to  the  Hamiltonian  federalists.  See  the  letters  of  Wolcott  and 
McHenry — Gibbs'  Administrations  of  Washington  and  Adams,  voL  ii. 
pp.  460,  461,  468. 


HIS    DEATH.  129 

mourn  "  as  one  without  hope."  He  could  look  back  on 
his  past  life  with  few  emotions  of  regret ;  and  as  for  the 
present,  how  could  he  have  been  otherwise  than  con 
tent  and  happy,  when  each  returning  anniversary  of 
his  birth  reminded  him  how 

"  Noiseless  falls  the  foot  of  time,  that  treads  on  flowers." 

He  died  at  Bedford,  on  the  17th  of  May,  1829,  in  the 
eighty-fourth  year  of  his  age — leaving  a  rich  legacy  to 
his  children,  in  an  unspotted  name,  and  in  the  thousand 
noble  virtues  with  which  it  is  imperishably  associated. 

The  personal  appearance  of  Mr.  Jay  was  indicative 
of  his  origin.  At  the  age  of  forty-four,  he  is  described 
by  Mr.  Sullivan,  as  being  a  little  less  than  six  feet  in 
height — "  his  person  rather  thin,  but  well  formed.  His 
complexion  was  without  color,  his  eyes  black  and  pen 
etrating,  his  nose  aquiline,  and  his  chin  pointed.  His 
hair  came  over  his  forehead,  was  tied  behind,  and 
lightly  powdered.  His  dress  black.  The  expression 
of  his  face  was  exceedingly  amiable.  When  standing, 
he  was  a  little  inclined  forward,  as  is  not  uncommon 
with  students  long  accustomed  to  bend  over  a  table."* 

His  talents  were  of  a  high  order.  His  mind  was 
well  stored  with  the  learning  of  the  ancient  and  modern 
world,  and  in  the  English  classics  he  was  well  versed. 
His  style  as  a  writer  was  like  his  character,  simple  and 
pure,  but  elevated  and  impressive.  As  a  speaker,  he 
was  easy  and  fluent,  presenting  a  happy  mixture  of 

*  Familiar  Letters  on  Public  Characters,  Lett  xv. 
6* 


130  JOHN    JAY. 

earnestness  and  dignity.  He  did  not  "  lead  to  bewil 
der,  and  dazzle  to  blind."  His  eloquence  was  not  like 
the  mountain  torrent,  dashing  and  impetuous ;  nor  yet 
like  the  swelling  of  the  ocean,  grand  and  magnificent ; 
but  like  the  never-failing  rivulet,  gentle  and  tranquil 
in  its  course,  yet  surely  and  slowly  making  its  way  to 
its  end.  He  was  slow  in  judgment,  but  clear-headed 
and  accurate.  He  never  adopted  an  opinion  hastily, 
but  deliberated  patiently ;  and  the  decisions  at  which 
he  arrived  were  almost  as  sacred,  in  his  estimation,  as 
the  laws  of  the  Medes  and  Persians  to  those  who  believ 
ed  in  their  infallibility. 

In  regard  to  his  public  character,  but  little  can  be 
said  in  addition  to  what  may  be  gathered  from  the  fore 
going  pages.  He  was  honest  and  true,  faithful  and 
prompt  in  the  discharge  of  every  duty,  and  of  unim 
peachable  integrity.  Cherishing  his  own  convictions 
in  all  sincerity,  he  respected  the  motives  of  those  who 
differed  from  him  in  opinion.  Amid  all  the  blandish 
ments  of  public  favor,  he  never  forgot  what  he  owed  to 
himself,  to  his  family,  to  his  country,  and  to  his  Maker. 
Unseduced  by  the  allurements  of  office,  unterrified  by 
threats  and  denunciations,  he  did  not  falter  when  the 
path  was  plain  before  him ;  but  in  and  through  all,  pre 
served  the  jewel  of  his  honor  untarnished  and  unsoiled. 

So,  too,  in  private  life,  every  obligation  was  dis 
charged  cheerfully,  and  with  promptitude.  As  was 
said  of  Petrarch,  "  his  word  was  sufficient."  He  was 
a  dutiful  son;  a  kind  and  faithful  husband;  and  an 


CHARACTEE.  131 

affectionate  parent.  He  was  charitable  and  generous, 
and  in  all  his  dealings  with  his  fellow-men,  the  scales  of 
justice  were  held  at  an  even  poise.  His  piety  was  sin 
cere  and  unaffected ;  not  made  up  of  outward  show 
and  forms;  but  the  genuine  religion  of  the  heart. 
Truly,  might  it  be  said  of  such  a  man  : — > 

"  Felix  non  solum  claritate  vitas, 
Sed  etiain  opportunitate  mortis  P 


MORGAN   LEWIS. 

No  one  family  occupies  a  more  conspicuous  place 
in  the  early  annals  of  New  York  than  that  of  the  Liv 
ingstons.  At  the  commencement  of  the  revolutionary 
struggle — amidst  storm  and  darkness — they  devoted 

themselves  to  the  colonial  cause;  and  the  record  of 

( 

their  patriotic  services  forms  no  small  part  of  the  his 
tory  of  the  country.  The  honors  which  they  gathered 
were  neither  few  nor  unimportant.  In  the  legisla 
tive  hall,  and  in  the  cabinet — in  the  forum,  and  in  the 
field — they  were  alike  distinguished.  The  evidences 
that  bear  witness  to  their  talents  multiply  upon  exami 
nation,  and  their  integrity  and  fidelity  during  the 
contest  for  freedom  cannot  be  gainsayed.  They  were 
interested  in  many  a  well-fought  conflict,  and  on  the 
bright  roll  of  American  statesmen  and  civilians  they 
were  worthily  represented.* 

*  A  history  of  the  Livingston  family  is  a  desideratum  in  the  literature 
of  New  York.  The  materials  for  such  a  work  must  be  ample ;  yet, 
with  the  exception  of  Sedgwick's  Life  and  Letters  of  William  Living 
ston,  and  a  few  meagre  biographical  sketches  of  other  members  of  the 
family,  we  have  nothing  that  can  supply  the  deficiency. 


•• 


Gwe/ncrof  tyew}ork 

•* 


HIS    FATHER.  133 

It  is  usual  with  politicians,  and  perhaps  is  not  im 
proper,  to  refer  to  the  Livingston  family,  as  embracing, 
as  well  those  who  bore  the  name,  as  the  prominent  men, 
— such  as  Jay,  Tillotson,  Armstrong,  Thompson,  and 
Lewis, — who  were  connected  with  it  by  marriage. 
The  last  of  these,  MORGAN  LEWIS,  is  the  subject  of  this 
sketch.  Of  his  parentage  he  had  just  right  to  be 
proud  :  his  father  was  one  of  the  little  band  of  patriot 
statesmen,  who  affixed  their  names  to  the  declaration 
of  American  Independence,  and  in  the  midst  of  trials 
and  reverses,  that  severely  tested  his  constancy  and 
faith,  remained  firm  and  steadfast  even  unto  the  end. 

Francis  Lewis,  the  father,  was  born  in  the  town  of 
Llandaff,  South  Wales,  in  March,  1713.  At  the  age 
of  four  or  five  years,  he  was  left  an  orphan,  in  charge 
of  a  maiden  aunt,  who  taught  him  the  rudiments  of 
learning,  and  instructed  him  in  the  ancient  Welsh  lan 
guage.  Subsequently,  he  was  sent  to  Scotland,  where, 
while  residing  in  the  family  of  a  relative,  he  acquired 
a  pretty  correct  knowledge  of  the  Erse.  His  educa 
tion  was  afterwards  completed  at  the  school  of  West 
minster,  at  which  he  enjoyed  the  reputation  of  being  a 
good  classical  scholar.  On  leaving  the  school,  he  en 
tered  the  counting-room  of  a  London  merchant,  and  by 
his  assiduous  attention  to  business,  soon  won  the  regard 
and  esteem  of  his  employers,  and  became  well  skilled 
in  the  duties  appertaining  to  the  mercantile  profession. 
When  he  arrived  at  man's  estate,  he  determined  to 
seek  his  fortune  in  the  western  world.  The  decision 


134  MORGAN    LEWIS. 

once  made,  he  did  not  lack  the  energy  and  enterprise 
necessary  to  carry  it  into  effect.  Converting  all  his 
means  into  merchandise,  he  embarked  for  New  York, 
and  arrived  there  in  the  spring  of  1735.  He  left  a 
part  of  his  goods  at  this  place  to  be  disposed  of  by  his 
partner,  Edward  Annesly,  and  with  the  remainder  pro 
ceeded  to  Philadelphia,  where  he  established  himself  in 
business. 

In  1737,  Mr.  Lewis  returned  to  New  York,  and  in 
a  few  years  was  regarded  as  one  of  the  most  active  and 
enterprising  merchants  in  the  city.  His  commercial 
transactions  were  very  extensive,  and  were  principally 
connected  with  the  foreign  trade.  He  frequently  ac 
companied  his  vessels  in  their  voyages,  and  was  twice 
shipwrecked  on  the  Irish  coast.  In  the  last  French 
and  Indian  war,  he  acted  as  the  agent  of  the  govern 
ment  in  procuring  supplies  for  the  troops,  and  was  pres 
ent  at  the  obstinate  defence  of  Oswego,  in  the  summer 
of  1756.  On  this  occasion  he  manifested  a  great  deal 
of  firmness  and  ability;  and  in  consideration  of  his 
valuable  services,  he  received  at  the  close  of  the  war, 
a  grant  of  five  thousand  acres  of  land,  portions  of 
which  eventually  became  quite  valuable. 

He  was  included  in  the  surrender  to  Montcalm, 
and  with  about  thirty  other  prisoners,  was  delivered  up 
by  the  French  commander  to  the  head  chief  of  his  In 
dian  allies,  in  open  and  shameful  violation  of  the  terms 
of  the  capitulation.  Mr.  Lewis  had  obtained  a  smat 
tering  of  the  Indian  language,  and  being  able  to  com- 


HIS    PUBLIC    COURSE.  135 

municate  with  the  chief,  he  so  pleased  him  by  his  con 
versation,  that  he  escaped  the  sad  fate  which  befell  his 
companions  in  misfortune,  many  of  whom  were  cru 
elly  murdered.*  Indeed,  he  so  won  upon  the  chief, 
that  the  latter  interceded  with  Montcalm,  in  order  to 
obtain  permission  for  him  to  return  to  his  family  with 
out  ransom.  The  request  was  denied,  and  he  was  sent 
as  a  prisoner  of  war  to  France.  He  remained  there, 
till  he  was  regularly  exchanged,  when  he  returned  to 
America. 

From  his  position  as  a  merchant,  and  from  his  con 
nection  with  the  commercial  and  maritime  interests  of 
the  colonies,  Mr.  Lewis  was  among  the  first  to  feel  the 
effects  of  the  arbitrary  taxation  and  the  restrictive 
measures  adopted  by  the  home  government.  What 
ever  he  could  do  to  warn  his  fellow-citizens  against  the 
impending  danger,  he  did  boldly  and  without  hesitation. 
At  an  early  stage  of  the  struggle,  he  foresaw  that  the 
evils  of  which  the  colonists  most  justly  complained, 
would  be  immedicable,  without  an  entire  separation 
from  the  mother  country.  His  high  character  for  prob 
ity  and  intelligence,  and  his  fearlessness  in  the  mainte 
nance  and  utterance  of  his  opinions,  commanded  the 

*  It  has  been  said,  that  Mr.  Lewis  was  able  to  converse  with  the  In 
dian  warrior,  by  reason  of  the  similarity  of  his  dialect  to  the  ancient 
Welsh ;  but  this  resemblance,  as  well  as  the  tradition  respecting  the 
settlement  of  the  Welsh  prince  in  the  valley  of  the  Mississippi,  has  long 
since  been  shown  to  be  purely  fictitious.  We  cannot  regret,  however, 
that  the  tradition  was  once  regarded  as  authentic,  since  it  has  given  ua 
the  beautiful  'Madoc'  of  Southey. 


136  MORGAN    LEWIS. 

respect  and  confidence  of  the  people  of  New  York ; 
and  in  1775,  he  was  unanimously  elected  a  delegate  to 
the  continental  congress.  In  the  following  year,  he 
had  the  honor  of  affixing  his  name  to  the  Declaration 
of  Independence.  He  continued  to  represent  New 
York  in  the  national  legislature,  of  which  his  business 
habits  and  talents  rendered  him  a  most  valuable  mem 
ber,  until  the  year  1779.  During  the  war,  he  was  con 
cerned  in  the  importation  of  military  stores  for  the 
army,  and  rendered  many  secret  services,  at  the 
request  of  congress,  of  the  most  important  character. 

Shortly  after  he  took  up  his  residence  in  the  city  of 
New  York,  Mr.  Lewis  married  the  sister  of  his  part 
ner,  by  whom  he  had  several  children.  Being  appre 
hensive  of  an  attack  upon  New  York,  he  removed  his 
family  and  effects,  early  in  1775,  to  a  country-seat 
which  he  owned,  on  Long  Island.  Here  he  deemed 
them  secure  ;  but  the  sequel  showed  his  mistake.  In  a 
few  months,  the  whole  island  was  overrun  by  the 
British  troops,  and  his  house  was  attacked  and  plunder 
ed  by  a  party  of  cavalry.  His  large  library  and  all  his 
most  valuable  papers  were  destroyed,  and  his  wife  was 
taken  prisoner.  She  was  detained  as  such  for  a  num 
ber  of  months,  and  kept  in  close  confinement.  At 
length,  through  the  intercession  and  remonstrance  of 
Washington,  she  was  released ;  but  she  had  experienced 
such  barbarous  treatment  during  her  captivity,  that 
her  constitution  was  completely  shattered,  and  she  soon 
sunk  into  the  grave. 


HIS    BIRTH    AND    EDUCATION.  137 

Previous  to  the  revolution,  the  affairs  of  Mr.  Lewis 
had  been  exceedingly  prosperous ;  but  he  literally  and 
truly  perilled  everything,  by  his  firm  adherence  to  the 
revolted  colonies.  His  losses  during  the  contest  were 
so  great,  that  he  spent  the  close  of  his  days  in  com 
parative  poverty.  His  death  occurred  on  the  30th  of 
December,  1803,  in  the  ninetieth  year  of  his  age. 

Morgan  Lewis,  the  son  of  Francis  Lewis,  was  born 
in  the  city  of  New  York,  on  the  16th  day  of  October, 
1754.  At  an  early  age  he  was  sent  to  the  Elizabeth- 
town  academy,  and  from  thence  transferred  to  the 
college  of  New  Jersey,  at  Princeton.  While  a  member 
of  this  institution,  he  was  distinguished  for  his  correct 
deportment,  and  for  his  studious  disposition.  He  stood 
in  the  foremost  rank  of  his  class ;  and  at  the  annual 
commencement  in  1773,  delivered  one  of  the  honorary 
orations.  At  this  time  he  took  his  degree,  and  in  the 
same  year  entered  the  office  of  John  Jay,  as  a  student 
at  law. 

In  common  with  other  young  men  of  his  acquaint 
ance,  in  the  city  and  colony  of  New  York,  he  regarded 
with  deep  interest  the  ominous  forebodings  of  the  ap 
proaching  struggle.  Inheriting  the  zealous  and  self- 
sacrificing  patriotism  of  his  father — in  him  but  the 
more  conspicuous,  because  it  was  manifested  with  all 
the  ardor  of  youth — he  never  hesitated  as  to  what 
course  he  should  pursue.  In  1774,  he  joined  a  volun 
teer  company,  composed  mainly  of  his  associates,  or 
those  about  the  same  age  as  himself,  who  had  united  to- 


138  MORGAN    LEWIS. 

gether  for  the  purpose  of  perfecting  themselves  in  mili 
tary  discipline,  under  the  instruction  of  one  of  the  sol 
diers  of  the  "  Great  Frederic."  The  ability  of  the 
teacher,  and  the  manner  in  which  they  profited  by  his 
tuition,  may  be  inferred  from  the  fact,  that  this  one 
company  furnished  to  the  army  of  the  revolution  more 
than  fifty  of  its  best  officers. 

When  the  tocsin  of  war  was  sounded  at  Lexington 
and  Concord,  young  Lewis  threw  down  his  books,  and 
caught  up  the  musket.  In  the  month  of  June,  1775, 
and  but  a  few  days  subsequent  to  the  battle  of  Bunker- 
hill,  he  joined  the  army  before  Boston,  as  a  volunteer, 
in  a  rifle  company,  commanded  by  Captain  Ross,  of 
Lancaster,  Pennsylvania.  His  absence  from  New 
York  was  but  temporary,  as  he  was  soon  elected  to  the 
command  of  the  company  of  volunteers  organized  in 
that  city,  as  has  been  mentioned.  He  returned  home 
towards  the  close  of  the  month  of  August,  and  on  the 
25th  of  that  month  was  ordered  by  the  provincial  con 
gress  to  cover  with  his  company  a  party  of  citizens, 
while  engaged  in  removing  the  arms,  ordnance,  and 
military  equipments,  from  the  arsenal  on  the  Battery. 
The  Asia,  a  British  man-of-war,  which  had  been  or 
dered  from  Boston,  to  overawe  the  city,  and  prevent 
any  outbreak  or  disturbance  by  the  "  sons  of  liberty," 
then  lay  at  anchor  in  the  bay,  nearly  abreast  of  the  ar 
senal,  and  within  short  cannon  range  of  the  shore. 
It  was  necessary,  therefore,  to  proceed  with  great  cau 
tion,  lest  the  design  should  be  discovered ;  for  though 


REMOVAL    OF    STORES    FROM    THE    ARSENAL.          139 

the  possession  of  the  guns  and  materiel  was  of  sufficient 
importance  to  risk  a  collision,  it  was  advisable  to 
effect  the  object,  if  possible,  without  drawing  the  fire 
of  the  British  vessel  upon  the  city.  *, 

Information,  however,  of  the  contemplated  move 
ment  had  been  communicated  to  the  commander  of  the 
Asia,  by  the  spies  of  Governor  Tryon ;  and  shortly  after 
nightfall,  the  former  dispatched  an  armed  barge,  to 
watch  the  proceedings  on  shore.  The  work  of  remo 
val  had  but  just  commenced,  when  the  boat  was  dis 
covered  gliding  slowly  in  with  muffled  oars.  The 
sentinel  who  discovered  her  immediately  hailed,  and 
receiving  no  answer,  fired  a  shot  over  her,  at  the  same 
time  ordering  those  on  board  to  come  to  the  shore,  or 
at  once  to  pull  out  into  the  stream.  The  order  was 
unheeded ;  but  a  small  blue  light  was  exhibited  under 
the  bow  of  the  boat.  This  was,  doubtless,  the  concerted 
signal;  and  in  an  instant  the  battle-lanterns  of  the 
Asia  were  lighted,  and  her  guns  opened  their  fire  in  the 
direction  of  the  arsenal.  Captain  Lewis  promptly  de 
tailed  a  section  of  his  command,  who  fired  a  volley 
into  the  boat,  which  killed  one  of  the  crew,  and 
severely  wounded  another.  The  cannonade  was  kept 
up  from  the  vessel,  and  the  houses  on  the  Battery 
were  considerably  injured,  but  no  other  serious  damage 
was  done. 

In  the  month  of  November,  following,  the  provincial 
congress  organized  the  militia  of  New  York  into  regi 
ments.  Captain  Lewis  was  commissioned  as  first 


140  MORGAN    LEWIS. 

major  in  the  second  regiment  of  foot.  John  Jay  was 
appointed  colonel  of  the  regiment ;  but  as  he  never 
joined  it  on  account  of  the  pressing  nature  of  his  other 
public  duties,  the  command  devolved  on  the  first  major. 
Accordingly,  during  the  ensuing  winter,  Major  Lewis 
spent  most  of  his  time  in  organizing,  equipping,  and 
disciplining  his  regiment.  But  he  ardently  desired  to 
be  employed  in  more  active  service,  and  in  June, 
1776,  accompanied  General  Gates  to  the  northern  fron 
tier,  as  the  chief  of  his  staff,  with  the  rank  of  colonel. 
On  joining  the  army,  which  had  now  returned  from 
Canada,  he  was  appointed  quartermaster-general  of  the 
northern  department,  in  which  capacity  he  was  con 
tinued  until  the  close  of  the  war. 

The  duties  devolving  upon  Colonel  Lewis  by  virtue 
of  this  appointment,  though  useful  and  important, 
were  not  such  as  history  delights  to  chronicle.  It 
need  only  be  said  of  them  that,  arduous  and  difficult  as 
they  were,  fidelity  and  promptitude,  at  all  times  and 
under  all  circumstances,  characterized  his  performance 
of  them.  He  accompanied  the  army  when  Ticon- 
deroga  was  evacuated,  and  rendered  most  valuable  ser 
vices  in  securing  the  attirail,  munitions  and  supplies, 
and  transporting  them  to  the  islands  in  the  Hudson, 
above  the  embouchure  of  the  Mohawk,  where  Schuyler 
had  determined  to  make  a  final  stand  against  the  in 
vading  forces  led  by  Burgoyne.  To  him,  also,  was 
that  same  army,  reinforced  by  the  militia  of  New 
England  and  New  York,  deeply  indebted,  for  the  com- 


CAMPAIGN  UNDER  GATES.  141 

pleteness  of  their  preparations,  in  anticipation  of  the 
memorable  campaign  under  the  ambitious  but  patriotic 
Gates.  When  the  latter  moved  forward  to  the  po 
sition  which  he  ultimately  occupied,  on  Bemis'  Heights, 
he  found  everything  in  readiness  for  the  march  and 
the  encampment,  that  the  department  over  which 
Colonel  Lewis  presided  was  required  to  furnish,  and 
repeatedly  expressed  his  satisfaction  with  the  arrange 
ments  that  had  been  made. 

After  .the  battle  of  Still  water,  on  the  19th  of  Sep 
tember,  a  general  order  was  issued  providing  that,  in 
the  event  of  another  conflict,  the  quartermaster-general 
should  perform  the  duties  of  an  aid-de-camp  for  the 
occasion,  and  directing  that  all  orders  given  on  the 
field  by  that  officer,  should  be  considered  as  coming 
from  head-quarters,  and  obeyed  accordingly.  The 
final  engagement  on  the  7th  of  October,  as  it  will  be 
remembered,  was  fought  mainly  in  the  woods,  and 
Gates  himself  saw  little  or  nothing  of  the  movements 
that  were  made,  though  he  was  kept  constantly  in 
formed  of  the  changing  aspects  of  the  battle,  by  the 
videttes  and  messengers  whom  he  had  dispatched  to 
the  scene  of  action  when  the  drums  first  beat  the  alarum. 
A  party  of  these,  consisting  of  six  or  eight  of  the  most 
intelligent  and  best  mounted  of  Verne  jour's  troops, 
were  under  the  command  of  Colonel  Lewis,  who 
placed  himself  in  close  proximity  to  the  hostile  lines,  in 
a  favorable  place  for  observation,  and  communicated  al 
most  instant  information  of  every  movement  to  his  chief. 


142  MORGAN    LEWIS. 

This  action  was  the  fitting  prelude  to  the  capitula 
tion  on  the  17th  instant.  While  Burgoyne  and  his 
officers  were  forgetting  the  misfortunes  which  had  pre 
ceded  the  surrender,  in  the  kindness  of  their  reception 
by  the  courtly  Gates,  and  his  gallant  brethren  in  arms, 
Colonel  Lewis  conducted  the  downcast  and  dispirited 
soldiers  whom  the  former  had  commanded,  to  the  plain 
on  the  margin  of  the  Hudson,  where  they  piled  their 
weapons,  and  then  through  the  long  lines  of  American 
yeomanry  to  the  rear  of  the  encampment.  The  bright 
star  which  thus  shed  its  beams  over  the  plains  of  Sara 
toga,  rose  upon  a  land  darkened  with  misfortune  and 
gloom ;  but  it  proved  the  blessed  harbinger  of  weal,  and 
when  it  set,  the  hour  of  deliverance  had  come. 

No  further  attempt  at  the  invasion  of  Canada  was 
made  by  the  continental  army,  and  the  head-quarters 
of  the  northern  department  were  now  transferred  to 
the  city  of  Albany.  Here  Colonel  Le&is  was  for  the 
most  part  employed  in  discharging  the  duties  con 
nected  with  his  staff  appointment.  In  the  fall  of  1780, 
he  took  part  in  the  expedition  under  General  Robert 
Van  Rensselaer,  against  the  partisan  corps  under  Sir 
John  Johnson,  and  the  fierce  warriors  of  the  savage 
Brant,  who  were  laying  waste  the  beautiful  and  fertile 
valley  of  the  Mohawk.  On  this  occasion,  he  was  hon 
ored  with  the  command  of  the  advance ;  and  in  the  en 
gagement  at  Stone  Arabia,  he  did  good  service  at  the 
head  of  his  men,  exposing  himself  fearlessly  in  the 
m§lee,  and  contributing  essentially  to  the  defeat  and 


MEMBER    OF    THE    ASSEMBLY.  143 

rout  of  the  enemy.  Subsequently,  he  accompanied 
Governor  Clinton  to  Crown  Point,  with  a  strong  party 
of  troops,  in  order  to  cut  off  the  retreat  of  the  same 
party  of  marauders  who  had  debarked  at  that  place  and 
crossed  over  the  country  on  another  errand  of  destruc 
tion.  The  attempt  was  unsuccessful,  and  the  mongrel 
band  escaped  the  fate  which  they  had  so  richly  deserved. 

At  the  close  of  the  war,  Mr.  Lewis  resumed  his  pro 
fessional  studies,  and  was  duly  admitted  to  the  bar. 
He  commenced  practice  in  the  city  of  New  York,  and 
soon  secured  a  very  respectable  share  of  business.  He 
was  naturally  fond  of  the  "  pomp  and  circumstance"  of 
war,  and  was  appointed  colonel  commandant  of  a  legion 
ary  corps  of  volunteer  militia,  at  the  head  of  which  he 
escorted  General  Washington  on  the  occasion  of  his 
first  inauguration  as  President  of  the  United  States. 
Previous  to  this  event,  but  in  the  same  month,  he  had 
been  elected  a  member  of  assembly  from  the  city  and 
county  of  New  York  on  the  federal  ticket.  Before 
the  time  for  the  next  annual  election  came  round  he 
removed  to  Dutchess  county,  but  his  friends  insisted 
on  presenting  his  name  to  the  electors  of  that  county, 
and  he  was  again  returned  to  the  legislature.  Soon 
after  this,  he  was  appointed  one  of  the  judges  of  the 
Dutchess  Common  Pleas. 

The  political  associations  of  Mr.  Lewis  when  he 
first  entered  public  life  were  decidedly  federal,  but  in 
common  with  a  majority  of  the  other  members  of  the 
Livingston  family,  he  abandoned  the  party  almost  as 


144  MORGAN    LEWIS. 

soon  as  it  was  formed,  and  in  1790  entered  the  repub 
lican  ranks.  On  the  8th  of  November,  1791,  he  was 
appointed  attorney-general  of  the  state,  to  fill  the  va 
cancy  occasioned  by  the  resignation  of  Aaron  Burr, 
who  had  recently  been  elected  a  senator  in  Congress. 

Mr.  Lewis  continued  rapidly  to  ascend  the  official 
grades,  which  finally  conducted  him  to  the  highest 
office  in  the  state.  In  the  summer  of  1792,  the  coun 
cil  of  appointment  determined  to  create  a  fourth  judge 
of  the  supreme  court,  and  by  the  casting  vote  of  Gov 
ernor  Clinton  the  office  was  conferred  on  Mr.  Lewis ; 
and  in  1801,  the  latter  was  made  chief  justice.  Upon 
the  bench,  he  presided  with  dignity  and  impartiality. 
His  decisions  were  marked  by  candor  and  good  sense ; 
and  by  his  firmness,  tempered  by  a  kind  and  agreeable 
manner,  he  commanded  respect,  and  enforced  obe 
dience,  without  incurring  the  ill-will  of  suitors  or 
attorneys. 

After  the  nomination  of  George  Clinton,  as  the 
republican  candidate  for  vice-president,  in  the  winter 
of  1804,  it  became  necessary  to  select  some  other  per 
son  to  fill  the  gubernatorial  office  in  New  York. 
Aaron  Burr  possessed  many  warm  and  attached 
friends  in  the  republican  party  who  still  adhered  to  the 
waning  fortunes  of  their  patron  and  friend,  like  the 
dying  knight  to  his  pedigree,  and  labored  unceasingly 
to  secure  his  nomination.  But  the  circumstances  at 
tending  the  presidential  contest  in  the  house  of 
representatives,  in  1801,  had  alienated  the  affections 


ELECTED    GOVERNOR.  145 

of  the  great  majority  of  his  former  political  friends ; 
and  the  Clintons  and  Livingstons  threw  the  whole 
weight  of  their  influence  against  him.  Nevertheless, 
his  more  devoted  adherents  insisted  on  bringing  him 
forward ;  and  though  they  found  it  impossible  to  pro 
cure  the  endorsement  of  a  legislative  caucus,  his  name 
was  duly  presented  at  a  meeting  held  for  that  purpose. 
The  federalists  made  no  nomination;  but,  with  the  ex 
ception  of  the  immediate  personal  friends  of  Alexander 
Hamilton,  resolved  to  support  Mr.  Burr. 

John  Lansing,  jun.,  then  chancellor  of  the  state,  was 
nominated,  in  the  first  instance,  by  the  republican  legis 
lative  caucus,  for  the  office  of  governor ;  but  he  declin 
ed  becoming  a  candidate.  A  second  meeting  was  then 
held,  at  which  Chief  Justice  Lewis  was  put  in  nomi 
nation.  John  Broome  was  nominated  for  lieutenant- 
governor.  So  great  was  the  preponderance  of  the 
republicans  in  the  legislature,  at  this  time,  that  the 
address,  recommending  these  candidates  to  the  favor 
of  the  electors,  was  signed  by  one  hundred  and  four  of 
the  one  hundred  and  thirty-two  members. 

The  result  of  the  election  was  a  matter  of  some 
doubt.  Mr.  Burr  possessed  considerable  personal 
popularity  among  the  republicans  of  the  state  ;  and 
had  the  whole  strength  of  the  federal  party  been  ex 
erted  in  his  behalf,  it  is  very  probable  that  he  would 
have  been  elected.  But  Mr.  Lewis  received  much  the 
greater  portion  of  the  republican  suffrages.  There 
were,  in  all,  about  fifty-three  thousand  votes  taken,  of 

7 


10 


146  MORGAN    LEWIS. 

which  nearly  thirty-one  thousand  were  given  to  Mr. 
Lewis,  who  was  consequently  elected  by  almost  nine 
thousand  majority,  and  immediately  resigned  his  seat 
on  the  bench  of  the  supreme  court. 

Among  the  first  official  acts  of  Governor  Lewis,  was 
that  of  recommending  to  the  legislature,  in  his  speech 
at  the  opening  of  the  session  in  January,  1805,  the  sub 
ject  of  making  some  permanent  provision  for  the  en 
couragement  of  education,  and  the  support  of  common 
schools ;  and  if  he  had  no  other  claim  upon  the  favor 
able  regard  of  his  fellow-citizens,  this  alone  should  en 
title  him  to  their  lasting  gratitude.  "  I  cannot  con 
clude,  gentlemen,"  said  he,  "without  calling  your 
attention  to  a  subject  which  my  worthy  and  highly- 
respected  predecessor  in  office*  had  much  at  heart,  and 
frequently,  I  believe,  presented  to  your  view — the  en 
couragement  of  literature.  In  a  government  resting 
on  public  opinion,  and  deriving  its  chief  support  from 
the  affections  of  a  people,  religion  and  morality  can 
not  be  too  sedulously  cultivated.  To  them,  science  is 
an  handmaid ;  ignorance,  the  worst  of  enemies.  Lit 
erary  information  should  then  be  placed  within  the 
reach  of  every  description  of  citizens,  and  poverty 
should  not  be  permitted  to  obstruct  the  path  to  the  fane 
of  knowledge.  Common  schools,  under  the  guidance 
of  respectable  teachers,  should  be  established  in  every 
village,  and  the  indigent  educated  at  the  public  ex 
pense.  The  higher  seminaries,  also,  should  receive 

*  George  Clinton. 


FOUNDATION    OF    COMMON    SCHOOL    FUND.  147 

every  support  within  the  means  of  enlightened  legisla 
tion.  Learning  would  thus  flourish,  and  vice  be  more 
effectually  restrained  than  by  volumes  of  penal 
statutes." 

These  were  words  of  wisdom,  and  they  were  wisely 
heeded.  On  the  5th  day  of  February  succeeding,  the 
governor  sent  a  special  message  to  the  legislature,  in 
which  he  advised  that  the  proceeds  of  the  public  lands 
of  the  state,  amounting  to  one  and  a  half  millions  of 
acres,  should  be  exclusively  appropriated  to  educational 
purposes.  A  bill  was  forthwith  introduced,  which  be 
came  a  law  on. the  2d  of  April,  setting  apart  the  net 
avails  of  the  first  five  hundred  thousand  acres  of  land 
that  should  be  sold,  and  three  thousand  shares  of  bank 
stock,  as  a  fund  for  the  use  of  common  schools,  to  ac 
cumulate  till  the  interest  amounted  to  fifty  thousand 
dollars  per  annum ;  after  which,  the  latter  was  to  be 
annually  distributed,  for  the  promotion  of  the  great  ob 
ject  in  view,  in  such  a  manner  as  the  legislature 
might  direct. 

In  this  manner,  upon  the  recommendation  of  Mor 
gan  Lewis,  was  the  foundation  of  the  present  common 
school  fund  first  laid.  One  improvement  after  another 
has  been  made,  until  now  we  have  a  splendid  system 
of  education,  to  which  the  citizen  of  New  York  may 
justly  point  with  exultant  pride.  Its  influence  is  felt  in 
every  nook  and  corner  of  the  state ;  in  the  crowded 
thoroughfares  of  our  large  towns  and  cities,  and  in  the 
quiet  hamlet  embosomed  amid  the  leafy  drapery  of  our 


148  MORGAN    LEWIS. 

virgin  forests ;  in  the  marble  palace  of  the  millionaire, 
and  in  the  humble  cottage  of  the  laborer.  "  The  dis 
trict  school  is  no  longer  the  repulsive,  dreary,  and  tedi 
ous  place  of  mental  and  bodily  torture,  which  has  furn 
ished  the  fertile  theme  of  wit  and  sarcasm  to  so  many  of 
the  highest  class  of  minds.  Music  and  innocent  hilarity ; 
play-grounds,  adorned  with  the  choicest  flowers,  and 
cultivated  with  the  most  assiduous  care ;  walls,  orna 
mented  with  the  most  tasteful  and  attractive  drawings ; 
and  seats  and  desks,  arranged  with  the  utmost  regard  for 
the  comfort  and  convenience  of  the  occupant ;  kind, 
attentive,  and  faithful  teachers,  and  cheerful,  obedient, 
and  happy  pupils — now  meet  the  eye  on  every  hand  ; 
and  the  work  of  education  is  everywhere  progressing, 
with  a  power  and  success  hitherto  unknown."* 

The  wish  of  Governor  Lewis  has  been  fulfilled. 
Poverty  no  more  obstructs  "  the  path  to  the  fane  of 
knowledge/'  and  the  indigent  are  educated  "  at.  the  public 
expense."  The  starting-point  in  the  career  of  learning 
has  been  made  free  to  all ;  and  the  son  of  the  rich 
man  enjoys  no  greater  privileges,  in  this  respect,  than 
the  young  stripling,  with  no  fortune  but  an  honest 
heart  and  a  determined  spirit,  who  presses  forward  be 
side  him  in  the  race. 

In  the  autumn  of  1805,  the  governor  visited  most  of 
the  counties  in  the  state,  in  his  character  as  com- 
mander-in-chief,  and  personally  inspected  the  militia. 
As  has  been  remarked,  he  was  naturally  fond — perhaps 

*  District  School  Journal,  May,  1846. 


IMPROVEMENT    OF    THE    MILITIA.  149 

too  much  so — of  military  show  and  display.  The  im 
provement  of  the  militia  system  was  one  of  the  principal 
themes  of  his  speech,  at  the  commencement  of  the 
legislative  session  in  the  winter  of  1806;  and  this,  to 
gether  with  the  reviews,  furnished  abundance  of  mate 
rial  for  the  small  wits  of  the  day,  in  their  attacks  upon 
him.  In  the  course  of  his  speech,  he  referred  to  the 
almost  universal  want  of  experienced  drummers,  and 
remarked,  that  the  "  drum  was  all-important  in  the  day 
of  battle."  His  political  enemies  at  once  pounced 
upon  this  expression,  and  rung  the  changes  upon  it 
from  one  end  of  the  state  to  the  other.  It  has  since 
been  the  text  of  one  of  those  peculiar  paragraphs  of 
Mr.  Hammond,  the  propriety  or  good  sense  of  which 
it  is  alike  difficult  to  discover.*  No  doubt,  the  idea  in 
tended  to  be  conveyed  by  the  governor,  might  have 
been  expressed  in  a  manner  less  obnoxious  to  puerile 
criticism ;  but  whatever  may  be  said  in  regard  to  the 
mere  choice  of  words,  the  sentiment  itself  was  plain 
matter-of-fact ;  for  every  one  whose  opinions  are  enti 
tled  to  the  least  consideration,  knows  very  well  that 
martial  music  is  of  especial  importance  to  an  army, 
whether  in  battle  or  out  of  it. 

Another  recommendation  of  the  governor  was  like 
wise  made  the  subject  of  ridicule,  by  those  who  were 
unable  to  appreciate  its  value  and  utility.  This  was 
the  introduction  of  light  artillery — a  measure  which, 
howsoever  it  may  have  been  derided,  survived  the  storm 

*  Political  History,  voL  L  p.  232. 


150 


MORGAN    LEWIS. 


of  obloquy  to  which  it  was  exposed ;  and  when  the  ex 
perience  of  the  second  war  with  Great  Britain  had 
demonstrated  its  usefulness,  was  elevated  to  a  high 
place  in  the  estimation  of  the  public.  The  governor 
further  called  the  attention  of  the  legislature  to  the  pro 
vision  of  the  existing  constitution,  which  required  the 
establishment  of  magazines  in  each  county  in  the  state, 
His  counsels  were  followed  to  a  great  extent,  and 
the  happy  effect  of  observing  them  was  witnessed  in 
the  readiness  with  which  the  militia  were  prepared  to 
take  the  field,  during  the  war  of  1812. 

It  appeared  from  the  speech  of  the  governor,  that  the 
debt  due  from  New  York  to  the  general  government 
amounted  to  nearly  eight  hundred  thousand  dollars ; 
and  inasmuch  as  the  former  had  a  right  to  expend  up 
wards  of  five  hundred  thousand  dollars  in  constructing 
works  of  fortification  for  the  defence  and  security  of 
her  harbors  and  other  exposed  points,  he  earnestly 
urged  the  legislature  to  take  the  matter  into  con 
sideration. 

Whoever  has  taken  the  pains  to  examine  with  any 
care  the  early  political  history  of  New  York,  must  have 
remarked  the  commanding  influence  exerted,  for  a  long 
period,  by  the  Clintons  and  the  Livingstons.  While 
Aaron  Burr  was  at  the  height  of  popularity,  he  man 
aged  dexterously  to  change  from  one  side  to  the 
other,  as  the  prospect  of "  future  favors"  chanced  to 
appear  the  most  inviting.  The  federalists  were  defeat 
ed  in  1800,  by  a  union  of  the  three  interests;  and  the 


OPPOSITION    PROM    THE    CLINTONIANS.  151 

Clintons  and  the  Livingstons  combined  to  overthrow 
Burr  at  the  gubernatorial  election  in  1804.  In  the  fol 
lowing  summer,  occurred  the  fatal  duel  between  the 
latter  and  General  Hamilton;  and  public  opinion  at 
once  pronounced  against  the  survivor  its  unsparing  de 
cree  of  ostracism.  Thenceforth,  the  contest  was  be 
tween  the  Clintons  and  the  Livingstons ;  for  the  fede 
ralists,  meanwhile,  were  in  a  sort  of  dormant  state — 
not  literally  sucking  their  paws,  but  supporting  them 
selves  on  equally  unsubstantial  food,  the  hope  of  better 
days  to  come. 

Governor  Lewis  had  scarcely  seated  himself  in  the 
chair  of  state,  when  his  proceedings  began  to  be  severe 
ly  criticized  and  censured  by  De  Witt  Clinton  and  his 
friends.  The  first  cause  of  dispute,  probably,  was  the 
bestowal  of  the  offices.  Political,  like  every-day  char 
ity,  always  begins  at  home ;  and  it  was  no  more  than 
natural  for  the  governor  to  manifest  some  preference 
for  those  to  whom  he  felt  the  most  indebted.  The 
manner  in  which  he  dispensed  the  executive  patronage 
was  not  at  all  satisfactory  to  the  Clinton  faction ;  and 
when  he  refused  to  join  in  the  crusade  against  the 
Merchants'  Bank,  the  breach  became  irreparable.  The 
council  chosen  by  the  legislature  of  1806  was  composed 
of  a  majority  of  Clintonians — one  of  the  number  being 
De  Witt  Clinton— and  they  had  no  sooner  been  appoint 
ed,  than  they  commenced  removing  the  Lewisites  from 
office. 

The  governor  was  not  naturally  calculated  for  a  pol- 


152  MORGAN    LEWIS. 

itician,  else  he  might  have  stemmed  the  torrent,  which 
was  fast  bearing  him  down,  with  entire  success.  He 
lacked  boldness  and  decision,  and  possessed  but  an 
ordinary  degree  of  shrewdness.  The  federalists,  or,  at 
least,  the  greater  portion  of  them,  came  to  his  rescue ; 
and  in  the  legislature  of  1807,  the  Lewisite  republicans, 
with  the  assistance  of  the  former,  were  in  a  respectable 
majority.  A  new  council,  friendly  to  the  governor, 
was  now  chosen,  and  matters  soon  began  to  assume  a 
more  promising  appearance.  But  the  signs  of  the 
times  were  deceptive.  At  a  meeting  of  his  republican 
friends,  held  in  the  city  of  New  York,  on  the  1st  day 
of  January,  1807,  Mr.  Lewis  had  been  nominated  for 
re-election ;  a  majority  of  the  members  of  the  legisla 
ture,  however,  belonging  to  that  party,  were  opposed  to 
this  step,  and  sixty-five  of  them  united  in  recommend 
ing  the  support  of  Daniel  D.  Tompkins.  Forty-five  of 
the  republican  members  affixed  their  names  to  the  ad 
dress,  urging  the  electors  to  vote  for  Governor  Lewis. 

At  the  April  election,  the  great  mass  of  the  federal 
ists  gave  their  suffrages  to  Mr.  Lewis,  and  he  also 
received  a  number  of  the  republican  votes;  but  his 
competitor  was  generally  looked  upon  as  the  regular 
candidate,  and  at  the  close  of  the  canvass,  it  appeared 
that  he  had  received  a  little  over  four  thousand  major 
ity  above  the  former  incumbent,  in  a  poll  of  sixty-six 
thousand  votes. 

Notwithstanding  his  temporary  association  with  the 
federalists.  Governor  Lewis  was  still  a  republican  in 


SECOND    WAR    WITH    GREAT    BRITAIN.  153 

principle,  and  cordially  supported  the  administrations 
of  Jefferson  and  Madison.  After  his  defeat,  he  was 
disinclined  again  to  enter  public  life ;  but  at  the  annual 
election  in  1810,  he  was  induced  to  yield  to  the  solici 
tations  of  his  friends,  and  became  a  candidate,  on  the 
republican  ticket,  for  the  office  of  senator  from  the 
middle  district  of  the  state.  His  party  succeeded  in 
electing  him,  by  an  unusually  large  majority ;  and  as 
a  member  of  the  legislature,  he  sustained,  by  his  vote 
and  influence,  the  republican  administration  of  Gover 
nor  Tompkins.  He  was  chosen  a  member  of  the 
council  of  appointment,  and  took  an  active  part  in  pro 
curing  the  passage  of  the  bill  incorporating  the  Bank  of 
America, 

The  war  of  1812  found  Mr.  Lewis  somewhat  ad 
vanced  in  years.  The  noon-time  of  life  had  passed 
away.  Age  had  impaired  the  vigor  of  his  body,  but  it 
had  neither  weakened  the  strength  of  his  mind,  nor  de 
stroyed,  in  aught,  the  fire  of  patriotism  that  continued 
to  burn  in  his  heart.  His  services  were  promptly  of 
fered  to  the  general  government,  in  anticipation  of 
a  collision,  and  in  the  month  of  May,  1812,  he  was  ap 
pointed  quartermaster-general  of  the  army  of  the 
United  States,  with  the  rank  of  brigadier-general.  He 
was  constantly  employed  in  the  business  of  his  office, 
till  the  close  of  the  campaign,  and  in  March,  1813,  was 
promoted  to  the  rank  of  major-general.  His  connec 
tion  with  the  quartermaster's  department  now  ceased, 
and  he  accompanied  General  Dearborn  to  the  Niagara 
7* 


154  MORGAN    LEWIS. 

frontier.  At  the  capture  of  Fort  George,  General 
Lewis  followed  closely  the  movement  of  the  advance 
corps  under  Colonel  Scott,  with  the  whole  of  his  di 
vision,  and  aided  in  dispersing  and  scattering  the 
enemy's  troops.  He  then  ordered  the  pursuit  to  com 
mence,  but  almost  immediately  countermanded  his 
orders,  under  the  direction  of  the  commander-in-chief. 
Thus  was  Scott  recalled  when  the  enemy  were  "  within 
his  grasp  near  Queenstown  ;"*  and  thus  were  many  of 
the  substantial  advantages  that  might  have  resulted 
from  the  attack  lost  to  the  army,  through  no  fault  of 
General  Lewis. 

In  the  fall  of  this  year  occurred  the  memorable  and 
unfortunate  expedition  of  General  Wilkinson  down  the 
St.  Lawrence.  General  Lewis  took  part  in  the  move 
ment,  as  the  second  in  command.  When  the  army 
left  Sackett's  Harbor  he  was  in  feeble  health,  and  con 
tinued  so  during  the  remainder  of  the  campaign.  On 
the  day  previous  to  the  engagement  at  Chrystler's 
fields,  General  Wilkinson  gave  up  the  command  to 
Lewis,  on  account  of  indisposition.  The  latter  imme 
diately  rose  from  his  sick  bed,  and  in  person  reconnoi 
tred  the  enemy  who  were  pressing  upon  their  rear. 

At  midnight  he  dispatched  an  order  to  General 
Boyd,  who  commanded  on  shore,  requiring  him  forth 
with  to  strike  his  camp  and  form  a  junction  with  the 
advanced  column  under  General  Brown ;  and  at  the 

*  Letter  of  Colonel  William  J.  Worth,  quoted  in  the  National  Portrait 
Gallery. 


HIS    LIBERALITY.  155 

same  time  he  instructed  the  officers  in  charge  of  the 
boats  to  close  up.  Had  this  movement  been  carried  into 
effect  the  enemy  would  have  been  drawn  further  from 
their  resources ;  their  flotilla  would  have  been  entan 
gled  in  the  rapids,  and  a  retreat  rendered  impossible ; 
thus  circumstanced,  it  would  have  been  easy  to  fall 
upon  them  with  the  united  strength  of  the  army,  and 
to  crush  them  at  a  blow.  But  the  order  of  General 
Lewis  had  scarcely  been  delivered  to  General  Boyd, 
when  the  latter  received  instructions  from  the  com- 
mander-in-chief,  directing  him  "  to  face  about  and  beat 
the  enemy."  The  disastrous  action  of  the  llth  of  No 
vember  was  the  result ;  and  the  American  troops  soon 
after  retired  into  winter-quarters, — both  officers  and 
men  chagrined  beyond  measure  at  the  ill-success  of 
the  expedition. 

In  1814,  General  Lewis  was  intrusted  with  the 
command  of  the  forces  destined  for  the  defence  of  New 
York ;  but  as  the  apprehended  attack  was  not  made, 
he  had  no  opportunity  to  measure  strength  with  the 
enemy,  or  to  test  the  completeness  of  his  preparations 
for  their  reception. 

But  it  was  not  only  by  his  own  personal  services  in 
the  field,  that  the  patriotism  of  General  Lewis  was 
manifested.  In  the  summer  of  1812,  he  advanced  up 
wards  of  fourteen  thousand  dollars,  from  his  own  private 
means  for  the  relief  of  the  American  prisoners  in 
Canada. 

When  the  contractors  for  the  army  were  unable  to 


MORGAN    LEWIS. 

fulfil  their  engagements  for  the  want  of  funds,  he  loaned 
them  money  to  enable  them  to  keep  the  troops  properly 
supplied.  In  a  spirit  of  generosity  becoming  a  mag 
nanimous  soldier,  he  likewise  discounted  the  drafts  of 
British  officers  who  had  been  captured  by  the  Ameri 
cans.  At  the  commencement  of  the  war,  the  late 
General  Leavenworth  raised  a  company  in  the  county 
of  Delaware,  with  which  he  joined  the  army.  Many 
of  its  members  resided  on  the  patrimonial  estate  of 
General  Lewis ;  and  as  agricultural  labor  and  products 
had  been  greatly  reduced  in  that  county,  by  reason  of 
the  war,  he  directed  his  agent  to  remit  one  year's  rent 
for  every  campaign  served  by  a  tenant,  or  by  the  son  of 
a  tenant  living  and' working  with  him.  Subsequently, 
for  the  same  reason  he  remitted  to  all  tenants  residing 
on  their  farms  all  arrearages  of  rent,  accruing  up  to 
the  1st  day  of  February,  1816.  The  aggregate  of 
these  remissions  was  upwards  of  seven  thousand  dol 
lars.  Acts  like  these  speak  volumes  in  favor  of  the 
kindness  of  heart,  and  the  patriotic  devotion  to  the  in 
terests  of  his  country,  which  were  such  prominent 
traits  in  the  character  of  MORGAN  LEWIS. 

At  the  close  of  the  war  he  retired  from  public  life, 
though  he  was  afterwards  frequently  elevated  by  the 
partiality  of  his  fellow-citizens  to  places  of  honor  and 
usefulness.  At  the  celebration  of  the  centennial 
anniversary  of  the  birthday  of  Washington,  on  the 
22d  of  February,  1832,  he  delivered  the  oration,  at  the 
request  of  the  common  council  of  the  city  of  New 


HIS    DEATH.  157 

York.  In  1835,  he  was  elected  president  of  the  New 
York  Historical  Society ;  and  at  the  time  of  his  death 
he  was  the  presiding  officer  of  the  state  society  of 
Cincinnati,  and  the  Grand  Master  of  the  Masonic 
Grand  Lodge  of  New  York.  He  rarely  participated 
in  political  controversies,  though  always  recognized  as  a 
member  of  the  republican  or  democratic  party.  In 
the  animated  contest  of  1840  he  took  a  deep  interest, 
and  so  far  deviated  from  his  usual  custom,  as  to  pre 
side  at  a  mass  meeting  held  by  his  friends  at  Kingston. 

Most  of  his  time  was  spent  in  the  city  of  New  York, 
where  he  became  a  resident,  or  at  his  country-seat  in 
Dutchess  county.  He  was  quite  often  among  the 
company  at  Saratoga  during  the  summer,  and  delighted 
to  visit  the  scene  of  Burgoyne's  disasters,  and  "  fight  his 
battles  o'er  again."  There  are  many  who  still  remem 
ber  the  earnestness  with  which  he  used  to  recount  the 
storied  incidents  of  that  hallowed  field ;  and  who  never 
failed  to  forget  the  privileged  garrulity  of  age,  when 
they  saw  the  fire  of  past  days  kindling  in  his  eye,  and 
marked  the  scintillations  of  patriotic  thought  falling 
from  his  lips  like  the  flashes  of  an  expiring  taper. 

He  lived  to  an  age  far  beyond  the  ordinary  allot 
ment  of  humanity,  and  died  in  the  city  of  New  York  on 
the  7th  day  of  April,  1844.  He  was  married  in  the 
spring  of  1779,  to  Gertrude  Livingston,  the  sister  of 
Robert  R.  and  Edward  Livingston.  This  union  was 
a  long  and  happy  one,  and  was  terminated  by  the 
death  of  Mrs.  Lewis  in  the  seventy-sixth  year  of  her 


158  MORGAN    LEWIS. 

age.  They  had  a  large  family,  and  many  of  the  de 
scendants  are  among  the  most  useful  and  enterprising 
citizens  in  the  city  and  state  of  New  York. 

Mr.  Lewis  was  not  a  great  man :  that  is,  he  did  not 
possess  striking  characteristics  or  showy  talents;  but 
his  many  sterling  qualities  of  heart  and  mind  entitle 
him  to  be  held  in  grateful  remembrance.  To  the 
amenities  of  the  gentleman  he  united  the  attainments 
of  a  scholar.  He  was  a  friend  to  the  unfortunate ;  a 
public  benefactor;  kind  and  amiable  in  the  relations 
of  private  life ;  and  a  patriot,  sans  peur,  et  sans  re- 
proche. 


JTI,    B    ^ 
Fra/'th  Governor  of JTw  'York . 


'  '*.i£. 


DANIEL  D.  TOMPKINS. 

WHEN  Fortune  seemed  the  most  adverse  to  the  suc 
cess  of  the  American  colonies,  in  their  struggle  with 
Great  Britain — when  their  armies  had  sustained  a  dis 
astrous,  though  perhaps  not  altogether  unexpected  de 
feat,  on  Long  Island — when  New'York  was  evacuated 
by  the  soldiers  of  Washington,  and  her  hotels  convert 
ed  into  barracks,  and  her  churches  into  riding-schools 
and  drill-rooms,  for  the  mercenaries  of  De  Heister — 
when  the  neighboring  counties  were  overrun  by  the 
enemy,  who  quartered  themselves  in  the  houses  of 
those  who  disdained  to  take  protection  of  the  invader, 
and  despoiled  them  of  the  products  of  their  farms  and 
the  labor  of  their  hands — when  hundreds  and  thousands 
of  good  men  and  true,,  who  were  too  faint-hearted  to 
hope,  and  yet  too  patriotic  to  utterly  despair,  faltered 
in  the  cause — there  were  but  three  firm  and  unyielding 
whigs  in  the  little  settlement  of  Fox  Meadows,  in  the 
county  of  Westchester.  One  of  these  individuals  was 
Jonathan  G.  Tompkins,  the  father  of  the  subject  of  this 
memoir. 

The  family  of  the  elder  Tompkins  was  of  English 


160  DANIEL    D.    TOMPKINS. 

origin.  Daniel  D.  was  his  seventh  son,*  and  was  born 
at  the  residence  of  his  father,  in  the  present  town  of 
Scarsdale,  on  the  21st  day  of  June,  1774.  He  was  a 
farmer's  son ;  inured  to  toil  from  early  boyhood ;  accus 
tomed  to  use  the  hoe,  and  to  follow  the  plough.  With 
a  heart  as  light  and  happy  as  that  of  the  lark,  to  whose 
matin  song  he  listened,  and  with  the  lay  of  the  merry 
ploughboy  upon  his  lips,  he  went  forth  to  his  wonted 
labor;  and  at  eventide,  when  his  allotted  task  was 
done,  he  found  a  sweet  relief  from  fatigue  in  reading 
and  study.  The  information  thus  acquired  was  lim 
ited,  but  it  awakened  a  desire  to  become  acquainted 
with  the  great  stores  of  human  knowledge.  He  did 
not  want  ambition,  and  his  friends  were  naturally 
anxious  that  it  should  be  rightly  directed.  "  The  boy 
gave  promise  of  the  man."  It  was  his  dearest  wish  to 
obtain  a  liberal  education,  and  paternal  thrift  and  in 
dustry  supplied  the  means  for  its  acquisition. 

After  going  through  the  usual  course  of  preparatory- 
study,  he  entered  Columbia  College,  in  the  city  of 
New  York.  Here  he  was  respected  and  esteemed,  not 
more  for  the  winning  manners  that  rendered  him  so 
pleasant  a  companion,  than  for  his  constant  and  unre- 

*  It  used  to  be  said  by  the  political  opponents  of  Governor  Tomp- 
kins,  when  he  was  running  as  a  candidate,  that  every  old  woman  in  the 
state  who  believed  in  the  common  superstition  with  regard  to  a  seventh 
eon,  exerted  her  influence  in  his  favor ;  for,  according  to  their  logic,  as  it 
must  be  admitted  that  he  could  cure  all  manner  of  bodily  ailments,  it 
was  quite  certain  that  he  would  find  effectual  remedies  for  the  diseases 
of  the  state. 


EDUCATION    AND    ADMISSION    TO    THE    BAR.  161 

mitting  attention  to  his  studies.  His  progress  was 
rapid,  but  sure.  Not  content  with  the  ordinary  routine 
of  a  collegiate  course,  he  stored  his  mind  with  the  rich 
wealth  of  ancient  and  modern  lore,  and  was  distin 
guished  among  his  companions  for  his  extensive  reading 
and  general  intelligence,  while  his  acquirements  as  a 
scholar  were  held  in  high  respect. 

He  graduated  with  honor  in  the  year  1795,  and  im 
mediately  commenced  the  study  of  the  law.  In  1797, 
he  was  admitted  to  the  bar,  and  at  once  opened  an 
office  in  the  city  of  New  York.  Shortly  after  he  en 
tered  upon  the  practice  of  his  profession,  he  married  the 
daughter  of  Mangle  Minthorne,  one  of  the  wealthiest 
and  most  respectable  citizens  of  New  York.  This 
alliance  not  only  extended  his  business  connections,  but 
increased  his  influence.  He  soon  became  known  as  a 
lawyer,  and  his  legal  knowledge  and  talents  enabled 
him  to  take  and  maintain  a  high  stand.  Thus  flatter 
ing  were  his  prospects  at  the  outset  of  his  career,  and 
they  continued  to  grow  brighter  and  brighter  as  he  ad 
vanced  in  years. 

When  he  first  became  a  voter,  the  line  between  the 
federal  and  republican  parties  was  closely  drawn. 
From  the  first,  he  identified'  himself  with  the  latter ;  and 
through  good  report  and  evil  report,  through  weal  and 
through  woe,  his  fortunes  were  interwoven  with  those 
of  his  party.  In  the  great  contest  of  1800  he  took  an 
active  and  decided  part,  and  rejoiced  most  sincerely 
over  the  triumphant  election  of  Mr.  Jefferson. 


11 


162  DANIEL    D.    TOMPKINS. 

In  the  month  of  August,  1801,  an  election  was  held 
throughout  the  state  of  New  York,  for  the  purpose  of 
choosing  delegates  to  the  state  convention,  called,  in 
pursuance  of  an  act  passed  the  previous  winter,  for 
two  objects — to  reduce  and  limit  the  number  of  mem 
bers  of  the  legislature,  and  to  declare  the  true  construc 
tion  of  the  23d  article  of  the  constitution,  relating  to 
the  power  of  appointment.  Mr.  Tompkins  was  nom 
inated  and  elected  by  the  republicans  of  the  city  of 
New  York,  as  a  delegate.  The  convention  assembled 
on  the  13th  of  October,  at  Albany.  It  will  be  recol 
lected,  that  during  the  administration  of  George  Clin 
ton,  the  federal  council  of  appointment  claimed  the  con 
current  right  of  making  nominations;  and  that  the 
same  claim  was  put  forth  by  the  republican  council, 
during  the  administration  of  John  Jay;  both  these  emi 
nent  men  resisting  to  the  utmost  this  violent  interpre 
tation  of  the  constitution.  Consequently,  most  of  the 
leading  members  of  the  convention  were  committed  in 
favor  of  the  concurrent  right ;  and  they  only  registered 
the  opinion  which  they  had  long  before  advanced,  un 
der  the  influence  of  high  party  excitement,  when  they 
adopted  a  resolution,  pronouncing  their  judgment  to  be, 
that  the  right  to  nominate  all  officers,  other  than  those 
directed,  in  express  terms,  to  be  appointed  in  a  differ 
ent  manner,  was  vested  in  the  governor,  "  and  in  each 
of  the  members  of  the  council  of  appointment." 

But  little  debate  took  place  on  the  merits  of  the 
question,   prior    to   the    passage    of   the    resolution. 


ELECTED    MEMBER    OF    CONGRESS.  163 

There  was  no  need  of  this,  because  the  majority 
were  ready  to  pronounce  their  foregone  conclusion. 
Only  fourteen  members  advocated  the  exclusive 
right  of  the  governor  to  make  nominations,  and  voted 
against  the  resolution.  In  the  minority  was  Mr. 
Tompkins,  who  was  too  young  to  have  participated, 
to  any  great  extent,  in  the  previous  controversies,  and 
too  honest  to  sanction  a  construction  so  abhorrent  to 
the  letter  and  spirit  of  the  constitution;  and  conse 
quently,  in  the  convention  of  1821,  he  congratulated 
himself  that,  at  so  youthful  an  age,  and  when  he  was  so 
liable  to  err,  he  had  resisted  this  unwarrantable  en 
croachment  upon  the  rights  of  the  executive.* 

The  session  of  the  convention  was  of  brief  duration, 
and,  of  course,  did  not  interfere  with  the  professional 
business  of  Mr.  Tompkins.  He  had  been  repeatedly 
solicited  to  become  a  candidate  for  the  state  legisla 
ture,  and  had  invariably  declined  the  kind  offices  of 
his  friends  in  this  behalf.  But  at  the  April  election  in 
1804,  he  consented  to  accept  a  nomination  for  con 
gress,  as  one  of  the  city  representatives.  He  was 
elected  by  a  large  majority,  but  never  took  his  seat  in 
the  house,  in  consequence  of  his  receiving  an  appoint 
ment  equally  useful  and  honorable,  and  more  conge 
nial  to  his  tastes  and  disposition. 

At  this  same  election,  Morgan  Lewis,  the  chief  jus 
tice  of  the  supreme  court  of  the  state,  was  chosen 
governor.     Immediately  after  his  inauguration,  in  the 
*  Carter  and  Stone's  Debates  in  the  New  York  Convention,  p.  116. 


164  DANIEL    D.    TOMPKIN3. 

month  of  July  following,  he  called  the  council  of  ap 
pointment  together,  who  promoted  Judge  Kent  to  the 
office  of  chief  justice,  and  filled  the  vacancy  by  the  ap 
pointment  of  Daniel  D.  Tompkins  as  an  associate 
justice.  Thus,  at  the  early  age  of  thirty  years,  was  he 
elevated  to  a  seat  on  a  bench  honored  by  the  wisdom 
and  purity  of  Jay,  the  learning  of  Kent,  the  genius  of 
Livingston,  the  clear-headedness  and  sound  judgment 
of  Thompson,  and  the  astute  reasoning  of  Spencer. 
Compared  with  these  giants  of  the  law,  he  appeared  to 
no  disadvantage.  Of  talent  and  learning  he  had  suffi 
cient  to  grace  any  position  ;  and  his  reported  opinions, 
while  they  do  not  suffer  when  placed  beside  those  of 
his  associates,  are  alike  creditable  to  himself,  and  to 
those  by  whom  he  was  appointed. 

But  the  fitness  of  his  selection  was  made  more  strik 
ingly  manifest  when  he  came  to  preside  at  the  circuits. 
At  Nisi  Prius,  he  stood  pre-eminent.  Justice,  as  per 
sonified  by  him,  was  no  cold,  blind,  and  passionless 
statue,  but  a  living,  animated  reality,  sympathizing  with 
those  who  were  to  feel  the  effect  of  its  mandates,  and 
happily  blending  the  principles  of  law  and  reason  with 
the  dictates  of  mercy  and  humanity.  Well  read  in  his 
profession,  he  was  quick  in  perceiving  the  real  merits 
of  a  cause,  and  in  comprehending  the  bearing  of  testi 
mony.  He  was,  therefore,  prompt,  and  rarely  incor 
rect,  in  his  decisions.  If  they  were  favorable  to  the 
suitor,  they  were  gratefully  remembered ;  if  adverse, 
his  kindness  disarmed  censure,  and  ensured  respect. 


NOMINATED  FOR  GOVERNOR.          165 

In  the  short  period  of  three  years,  during  which  he  oc 
cupied  a  seat  on  the  bench,  he  acquired  a  popularity 
that  has  never  been  excelled,  if  it  has  even  been  equal 
led,  by  any  other  judicial  officer  in  our  state.  The 
charm  of  his  manners  was  irresistible.  He  was  at  the 
same  time  dignified  and  affable,  firm  and  faithful  in  the 
discharge  of  duty,  and  yet  kind  and  condescending  to 
all  who  approached  him.  He  was  attentive  to  the 
business  of  the  court,  but  never  allowed  the  austerity 
of  the  judge  to  overshadow  and  conceal  all  the  finer 
feelings  of  the  man.  Furthermore,  his  appearance 
was  prepossessing,  and  there  was  a  fascination  in  his 
manners  and  conversation  to  which  no  one  could  be 
indifferent. 

Once  having  entered  public  life,  Mr.  Tompkins  ad 
vanced  with  rapid  strides  along  the  high-road  to  fame 
He  had  scarcely  made  himself  familiar  with  the  routine 
of  his  judicial  duties,  when  he  was  selected  by  the  re 
publican  legislative  caucus,  held  on  the  evening  of  the 
16th  of  February,  1807,  as  their  candidate  for  the  office 
of  governor.  This  nomination  was  doubtless  made 
through  the  influence  of  De  Witt  Clinton  and  Ambrose 
Spencer,  who  were  then  the  acknowledged  leaders  of 
the  republican  party  in  the  state.  The  Livingston  in 
terest,  who  constituted  but  a  minority  of  that  party, 
though  recognized  at  Washington  as  being  among  the 
most  faithful  supporters  of  the  general  administration, 
were  represented  in  New  York  mainly  by  Governor 


DANIEL    D.    TOMPKINS. 

Lewis,  who,  as  has  been  intimated,  was  more  estima 
ble  as  a  man,  than  skilful  as  a  politician. 

It  has  often  been  said,  that  the  object  of  Messrs. 
Clinton  and  Spencer,  in  bringing  forward  so  young  a 
man  as  Mr.  Tompkirts,  for  the  important  office  of 
chief  magistrate  of  the  state,  was,  through  his  popu 
larity,  to  elevate  themselves  to  power ;  it  being  pre 
sumed  that  he  would  carry  out  their  wishes  in  the  ad 
ministration  of  the  government.  But  this  supposition 
is  equally  unjust  to  him  and  to  them.  He  was  much 
too  able  a  man,  and  if  not  that,  too  ambitious,  to  be 
Controlled  by  any  self-constituted  council  of  advisers ; 
and  certainly  they  could  not  be  ignorant  of  this.  Un 
doubtedly,  as  was  to  have  been  expected  from  their 
position,  they  hoped  to  have  considerable  influence 
with  him,  but  nothing  more ;  and  this  was  so,  in  fact, 
until,  as  Mr.  Tompkins  believed,  the  support  of  the 
republican  principles  which  he  had  ever  maintained 
required  him  to  separate  from  them. 

Governor  Lewis  was  a  candidate  for  re-election,  and 
was  supported  by  his  immediate  friends,  and  by  the 
great  body  of  the  federal  party.  The  popular  manners 
of  Judge  Tompkins  also  secured  him  many  federal 
votes ;  and  when  the  result  of  the  canvass  was  ascer 
tained,  it  appeared  that  he  had  been  elected  over  his 
competitor,  by  the  respectable  majority  of  four  thou 
sand  and  eighty-five. 

Oft  the  1st  day  of  July,  1807,  Mr.  Tompkins  took 
the  oath  of  office,  as  governor  of  the  state.  His  first 


SUPPORT  OF  JEFFERSON'S  ADMINISTRATION.      167 

speech  to  the  legislature  was  delivered  at  the  com 
mencement  of  the  annual  session,  held  in  Albany,  in 
the  winter  of  1808.*  It  was  written  with  marked 
ability,  and  reviewed  and  defended,  in  a  clear  and  for 
cible  manner,  the  foreign  policy  of  the  administration 
of  President  Jefferson,  and  justified  the  passage  of  the 
Embargo  Act.  His  views  were  sustained  by  the  legis 
lature,  in  the  answers  of  the  two  houses,  which  were 
adopted  by  decided  majorities.  At  the  special  session, 
held  in  November,  1808,  and  at  the  regular  session 
commencing  in  January,  1809,  the  governor  repeated 
the  sentiments  that  he  had  previously  expressed,  in  re 
gard  to  the  measures  of  the  general  administration, 
which,  in  like  manner,  received  the  approbation  of  the 
legislature. 

If  the  idea  that  Governor  Tornpkins  could  be 
moulded  to  subserve  their  private  purposes,  if  any  they 
had,  was  ever  seriously  enter tained  by  De  Witt  Clinton 
and  Ambrose  Spencer,  they  must  have  early  discov 
ered  their  mistake.  As  soon  as  he  became  fairly  seat 
ed  in  the  executive  chair,  he  sought  by  every  means 
to  strengthen  himself;  and  their  influence  began  sen 
sibly  to  decline.  The  decision  of  the  convention  of 
18Q1  had  deprived  the  governor  of  the  exclusive  pos 
session  of  the  official  patronage ;  still,  as  one  of  the 
council,  while  its  members  were  his  friends,  his  wishes 
were  quite  likely  to  be  regarded  as  much  or  more  than 
those  of  any  other  single  individual ;  and  this  fact  was 
*  Albany  became  the  seat  of  government  of  the  state,  in  1807. 


168  DANIEL    D.    TOMPKINS. 

pretty  well  known  among  the  applicants  for  office. 
The  Lewisites  were  not  idle ;  they  were  ardent  and 
zealous  in  their  support  of  the  general  administration, 
and  at  home  endeavored  to  produce  a  rupture  between 
De  Witt  Clinton  and  Governor  Tompkins.  The  latter 
gave  no  countenance  to  these  attempts,  though  he  was 
far  from  being  unwilling  to  increase  the  number  of  his 
friends,  or  to  profit  by  their  efforts. 

When  the  legislature  met,  in  November,  1807,  for 
the  choice  of  presidential  electors,  many  of  the  most 
ultra  friends  of  George  Clinton,  the  vice-president, 
who  believed  that  Mr.  Madison  had  been  unjustly  pre 
ferred  to  their  favorite  by  the  congressional  caucus, 
desired  to  nominate  such  persons  as  would  give  him 
their  votes  for  the  higher  office,  instead  of  that  for 
which  he  had  been  again  put  in  nomination.  Mr.  Clin 
ton  and  Mr.  Spencer  both  favored  this  movement ;  but 
Governor  Tompkins  and  others  protested  against  it, 
and  showed  the  utter  folly  and  uselessness  of  thus 
throwing  away  the  votes  of  the  state  of  New  York. 
The  design  was  therefore  abandoned,  and  electors  were 
chosen  without  regard  to  their  individual  preferences. 
After  the  election  of  Mr.  Madison,  Governor  Tomp 
kins  gave  the  same  cordial  support  and  approbation  to 
his  measures  which  he  had  previously  rendered  to 
those  of  his  distinguished  predecessor ;  although,  in 
common  with  a  large  proportion  of  the  republican  party 
in  New  York,  and  elsewhere  throughout  the  Union,  he 
thought  that  the  tone  of  the  administration,  with  re- 


THE    EMBARGO    ACT. 


169 


spect  to  the  foreign  relations  of  the  country,  was  less 
bold  and  energetic  than  was  demanded  by  the  exi 
gency  of  the  times. 

During  the  first  term  of  the  administration  of  the  gov 
ernment  by  Governor  Tompkins,  no  very  important 
measures  of  state  policy  were  either  proposed  or 
adopted.  Public  attention  was  generally  directed  to 
the  protracted  warfare  on  the  European  continent ;  to 
the  orders  and  decrees  of  the  belligerent  powers,  under 
the  operation  of  which  our  commerce  was  seriously 
crippled  ;  to  the  restrictive  policy  of  the  American  ad 
ministration,  designed  to  compel  an  abandonment  of 
those  arbitrary  regulations ;  and  to  the  negotiations, 
which  had  been  so  long  continued  that  few  anticipated 
a  peaceful  issue,  and  many  began  to  hope  they  would 
terminate  in  hostilities. 

At  the  regular  legislative  session  held  in  the  winter 
of  1810,  the  governor  in  his  speech  again  signified  his 
approbation  of  the  course  pursued  by  the  general  gov 
ernment  in  regard  to  the  repeated  violation  of  the 
rights  of  the  United  States  as  a  neutral  power,  by  the 
European  belligerents.  The  restrictive  system  adopted 
by  Jefferson,  and  continued  by  Madison,  had  been  at 
tended  with  one  fortunate  consequence.  Previous  to 
the  passage  of  the  Embargo  Act,  the  foreign  commerce 
of  the  country  had  employed  a  great  share  of  the  capi 
tal  and  attention  of  our  citizens  ;  but  now  they  were 
obliged  to  employ  their  means  in  developing  those  in 
ternal  resources  which  had  hitherto  been  neglected. 


170  DANIEL   D.    TOMPKINS. 

Domestic  manufactories  sprung  up  all  over  the  Union, 
and  the  question  of  affording  them  legislative  assist 
ance  and  protection  was  now  agitated.  The  governor 
referred  to  them  in  favorable  terms,  and  recommended 
the  subject  of  their  encouragement  by  legal  enactments 
to  the  consideration  of  the  legislature.  He  also  called 
their  attention  to  the  common  school  fund,  and  sug 
gested  the  propriety  of  taking  immediate  measures  to 
carry  the  law  of  1805  into  effect. 

At  the  spring  election  in  1809,  the  federalists  had 
elected  a  majority  of  the  members  of  assembly,  and  the 
answer  of  that  body  to  the  governor's  speech  did  not 
accord  with  his  views,  particularly  with  reference  to 
the  manner  in  which  the  foreign  affairs  of  the  general 
government  had  been  conducted.  Moreover,  the 
measures  which  he  had  recommended  received  but 
little  notice  on  their  part,  inasmuch  as  most  of  the 
time  of  the  session  was  spent  in  discussing  questions  of 
national  policy,  with  a  view  to  the  effect  which  the 
debate  might  have  at  the  approaching  gubernatorial 
election.  In  the  senate,  the  republicans  were  in  a 
large  majority,  but  they  could  do  nothing  without  the 
co-operation  of  the  other  branch  of  the  legislature. 

Early  in  the  winter  of  1810,  the  federal  members 
held  their  caucus,  and  nominated  Jonas  Platt  as  their 
candidate  for  governor.  Their  supremacy  in  the 
house,  and  the  treachery  of  a  republican  senator,  en 
abled  them  to  secure  the  council  of  appointment,  and 
the  official  guillotine  was  kept  constantly  in  motion. 


><        RE-ELECTION.  171 

It  was  highly  important,  therefore,  that  they  should 
succeed  at  this  election  if  they  wished  to  retain  the 
offices  of  which  they  had  taken  possession.  Their 
hopes  of  success  were  sanguine,  but  they  counted  alto 
gether  too  much  on  the  divisions  in  the  republican 
party.  Whatever  may  have  been  the  symptoms  of 
dissatisfaction,  manifested  during  the  previous  year, 
the  necessity  of  sustaining  Mr.  Madison's  administra 
tion  was  so  urgent,  that  all  minor  considerations  were 
merged  in  this  more  important  one.  The  friends  of  ex- 
Governor  Lewis,  also,  were  now  warmly  enlisted  in 
favor  of  Mr.  Madison  and  Mr.  Tompkins.  At  the  re 
publican  legislative  caucus,  held  on  the  5th  of  Febru 
ary,  1810,  the  latter  was  nominated  for  re-election 
without  a  dissenting  voice.  John  Broome,  the  lieu 
tenant-governor,  was  likewise  put  in  nomination. 
Many  citizens  were  present  at  the  caucus  from  other 
parts  of  the  state,  who  took  part  in  the  proceedings,  and 
signed  the  address  which  was  drawn  up  by  De  Witt 
Clinton,  then  a  member  of  the  senate. 

The  republican  party  achieved  a  brilliant  triumph 
at  the  election.  Almost  eighty  thousand  votes  were 
cast  for  governor,  of  which  Governor  Tompkins  re 
ceived  a  little  over  forty- three  thousand ;  thus  securing 
his  re-election  by  a  majority  of  between  six  and  seven 
thousand  votes.*  The  republicans  elected  their  can- 

*  Mr.  Hammond  (Political  History,  vol.  i.  p.  285)  puts  down  the  ma 
jority  of  Governor  Tompkins  at  ten  thousand ;  but  his  statement  is 
erroneous. 


172  DANIEL    D.    TOMPKINS. 

didates  for  senators  in  all  the  districts,  and  nearly  two 
to  one  of  the  members  of  assembly. 

Peculiarly  gratifying  as  was  this  expression  of  ap 
probation  on  the  part  of  his  fellow-citizens  to  the  feel 
ings  of  Governor  Tompkins,  the  result  was  yet  more 
satisfactory  to  him,  because  it  indicated  the  determina 
tion  of  the  people  of  the  state  to  sustain  the  general 
government  in  the  controversy  in  which  it  had  become 
entangled  with  the  European  powers,  and,  if  need  be, 
to  aid  it  in  untying  the  Gordian  knot  with  the  sword. 

The  principal  feature  of  the  governor's  speech  at  the 
meeting  of  the  new  legislature,  on  the  29th  of  January, 
1811,  was  a  review  and  examination  of  the  triangular 
difficulty  with  Great  Britain  and  France,  and  a  vindica 
tion  of  the  course  pursued  by  Mr.  Madison  in  conduct 
ing  the  negotiations  with  those  governments.  He  once 
more  urged  the  encouragement  and  protection  of  do 
mestic  manufactures  upon  the  favorable  attention  of 
the  legislature,  and  repeated  his  suggestions  in  regard 
to  the  common  school  fund.  Action  was  had  upon 
the  last  recommendation  of  the  executive,  and  pre 
paratory  measures  taken  to  organize  the  school  system. 
Five  commissioners  were  authorized  to  be  appointed 
by  the  governor,  whose  duty  it  should  be  to  report  a 
plan  for  the  organization,  at  the  ensuing  session  of  the 
legislature.  The  commissioners  made  their  report  in 
the  winter  of  1812,  and  an  act  was  then  passed  estab 
lishing  the  system. 

For  several  years  there  had  existed  a  faction  in  the  city 


MARTLING    MEN.  173 

of  New  York,  composed  of  Lewisites,  Burrites,  and  other 
disaffected  republicans,  who  were  neither  few  in  num 
bers,  nor  weak  in  influence,  although  the  latter  was 
confined  to  the  city.  They  were  known  in  the  political 
contests  of  the  day  as  Martling  Men,  and  all  their  efforts 
seemed  to  be  directed  against  De  Witt  Clinton.  Their 
objections  were  principally  of  a  personal  character,  and 
they  boasted  loudly  of  their  independence  of  the  dicta 
tion  of  the  gentleman  who  had  incurred  their  displeas 
ure.  They  were  countenanced,  however,  by  many 
persons  holding  high  offices  under  the  general  govern 
ment,  and  Mangle  Minthorne,  the  father-in-law  of 
Governor  Tompkins,  was  one  of  their  leading  men. 
It  is  very  doubtful  whether  the  governor  himself  con 
curred  in  their  movements,  but  he  was  not  indifferent 
to  flattery ;  and  when  they  sounded  his  praises,  he  did 
not  inquire  into  the  propriety  of  coupling  with  them 
anathemas  of  one  whom  he  began  to  regard  as  his 
rival.  Naturally,  looking  upon  himself  as  the  leader 
of  the  party,  and  cherishing,  it  may  be,  at  that  time 
aspirations  for  still  higher  honors,  he  did  not  regret 
to  see  the  influence  of  Mr.  Clinton  with  his  republican 
friends  gradually  diminishing,  partly  through  the  efforts 
of  his  enemies,  and  partly  through  his  own  mistakes. 

In  consequence  of  the  death  of  Mr.  Broome,  the  lieu 
tenant-governor,  in  the  summer  of  1810.  a  law  was 
passed,  authorizing  the  vacancy  to  be  filled  at  the  an 
nual  election  in  April,  1811.  De  Witt  Clinton  was  nom 
inated,  and  elected  to  the  office,  in  spite  of  the  opposi- 


174 


DANIEL    D.    TOMPKINS. 


tion  of  the  Martling  Men,  who  supported  another  can 
didate  in  the  city  of  New  York,  and  of  the  federal 
party,  who  also  made  a  nomination.  Governor  Tomp- 
kins  took  no  active  part  in  this  contest.  It  is  more 
than  probable  that  he  did  not  approve  of  the  republican 
nomination,  though  he  was  too  rigid  a  party  man  to 
oppose  the  decision  of  the  caucus.  But  all  these  cir 
cumstances  tended  to  keep  alive  and  increase  his  jeal 
ousy  of  Mr.  Clinton. 

We  come  now  to  one  of  the  most  important  acts  of 
Governor  Tompkins,  during  his  administration  of  the 
state  government — one  which  called  down  upon  his 
head  the  severest  censure  of  those  who  disapproved  of 
the  step,  and  elicited  the  warmest  encomiums  of  such 
as  concurred  with  him  in  opinion.  By  the  failure  of 
the  old  United  States  Bank  to  obtain  a  re-charter,  at 
the  session  of  congress  in  1810-11,  a  large  amount  of 
its  capital  was  rendered  useless.  The  project  was  then 
started,  by  those  who  were  interested  in  its  re-establish 
ment,  of  procuring  an  act  of  incorporation  from  the 
legislature  of  New  York,  under  which  it  might,  in  ef 
fect,  be  continued ;  and  of  locating  the  revived  institu 
tion,  which  they  proposed  to  call "  The  Bank  of  Amer 
ica,"  in  the  commercial  emporium  of  this  state.  No 
sooner  had  this  plan  been  concocted,  than  agents  were 
dispatched  into  the  interior  counties,  to  sound  the 
members  elect,  and,  if  possible,  prepossess  them  in  its 
favor. 

Governor   Tompkins  was  early  made   acquainted 


BANK    OF    AMERICA.  175 

with  these  movements,  and  his  speech  at  the  opening 
of  the  legislative  session,  in  January,  1812,  was  princi 
pally  devoted  to  an  exposition  of  the  evils  arising  from 
a  redundant  paper  currency.  Although  he  did  not 
refer,  in  terms,  to  the  application  about  to  be  made,  he 
had  it  in  view  in  his  remarks.  He  insisted  that  addi 
tional  banking  capital  was  not  required  by  the  citizens 
of  the  state,  in  the  transaction  of  their  business ;  and 
not  only  protested  against  any  considerable  increase 
being  made,  but  intimated,  that  in  his  opinion,  banks 
had  "  already  been  multiplied  to  an  alarming  extent."* 
Shortly  after  the  commencement  of  the  session,  the 
petition  for  the  incorporation  of  the  Bank  of  America 
was  presented  in  the  assembly.  As  an  inducement  for 
granting  the  charter,  the  petitioners  offered  a  most 
splendid  bribe — the  payment  of  a  bonus  of  six  hun 
dred  thousand  dollars ;  four  hundred  thousand  dol 
lars  of  which  were  to  be  added  to  the  common  school 
fund,  one  hundred  thousand  dollars  to  the  literature 
fund,  and  the  remaining  one  hundred  thousand  dollars 
to  be  paid  into  the  treasury,  at  the  expiration  of  twenty 

*  The  speech  of  the  governor  on  this  occasion  occupied  three  columns 
of  a  newspaper — in  those  days  a  mere  Lilliputian  affair  in  comparison 
with  the  mammoth  sheets  now  issued  by  the  daily  and  weekly  press — 
and  he  therefore  felt  it  incumbent  upon  him  to  apologize  for  its  "  un 
usual  length !"  What  would  he  have  said  could  he  have  lived  to  wit 
ness  the  annual  inflictions,  in  this  age  of  progress,  upon  the  patience  of 
the  American  public,  in  the  shape  of  executive  messages,  able,  it  may 
be,  but  insufferably  prolix,  and 

"  In  linked  sweetness  long  drawn  out." 


170 


DANIEL    D.    TOMPKINS. 


years  from  the  date  of  the  act  of  incorporation,  pro 
vided  no  other  bank  charter  should  in  the  meanwhile 
be  granted.  It  was  further  proposed  to  loan  one  million 
of  dollars  to  the  state,  at  five  per  cent,  interest,  for  the 
construction  of  canals ;  and  the  same  amount  to  far 
mers,  at  the  usual  rate  of  six  per  cent.  Printed  hand 
bills,  in  which  this  tempting  lure,  this  gilded  bait,  was 
displayed  in  the  most  captivating  form,  were  laid  upon 
the  desks  of  members,  and  placed  on  the  tables  at  their 
boarding-houses,  and  lavishly  distributed  all  over  the 
state.  * 

It  cannot  excite  feelings  of  gratification,  in  the 
bosom  of  the  New  Yorker,  to  contemplate  these  pro 
ceedings  ;  and  when  he  rises  from  the  perusal  of  this 
chapter  in  the  history  of  his  state,  it  must  be  with  a 
malediction  trembling  on  his  lips.  His  mind  at  once 
reverts  to  the  wretched  condition  of  the  Roman  empire, 
when  the  Praetorian  cohorts  awed  both  her  patricians 
and  plebeians  into  submission ;  when  public  and  private 
faith  were  hawked  about  in  the  forum,  and  the  throne 
of  the  Caesars  was  filled  by  the  proud  Dives,  whose 
gold  had  more  charms,  in  the  eyes  of  the  soldiery,  than 
the  imperial  purple.  The  Mississippi  scheme  and  the 
South  Sea  bubble — every  act  of  corruption — every  be 
trayal  of  public  confidence  and  trust — recorded  in  the 
legislative  annals  of  the  world — will  pass  in  review  be 
fore  him.  Emotions  of  pity  and  regret,  of  sorrow  and 
anger,  will  swell  in  his  bosom,  and  his  language  cannot 
be  otherwise  than  strong  and  indignant. 


BRIBERY    AND    CORRUPTION.  177 

All  honor  to  Governor  Tompkins  that  he  remonstrat 
ed,  in  eloquent  and  energetic  terms,  against  the  passage 
of  the  act  incorporating  the  Bank  of  America !  Judge 
Spencer,  John  Tayler,  and  Elisha  Jenkins,  all  three  in 
fluential  members  of  the  republican  party,  likewise  ex 
erted  themselves  to  defeat  it.  De  Witt  Clinton,  also, 
disapproved  of  the  measure,  though  he  could  not  be  in 
duced  to  come  out  openly  against  it,  because  many  of 
his  warmest  personal  friends  were  friendly  to  the  bill. 
The  remonstrances  of  these  distinguished  men  would 
have  been  successful,  had  not  the  most  barefaced  bribe 
ry,  and  the  most  glaring  fraud  and  corruption,  been  re 
sorted  to  and  practiced  by  the  agents  employed  to 
secure  the  charter.  A  considerable  number  of  the 
members  of  the  legislature — good  and  worthy  men,  too 
— were  honestly  in  favor  of  granting  the  application ; 
but  in  order  to  secure  the  requisite  vote,  it  was  neces 
sary  to  make  pecuniary  offers,  in  some  cases  to  a  large 
amount,  to  those  who  could  be  influenced  by  such  con 
siderations.  This  was  done  without  scruple :  and  a 
majority  was  thus  secured  in  both  houses.  The  bill 
passed  the  assembly,  by  a  vote  of  fifty-eight  to  thirty- 
nine,  and  was  sent  to  the  senate.  A  vote  having  been 
taken  in  that  body,  which  indicated  with  certain  ty 
what  would  be  the  result,. it  was  necessary,  at  once,  to 
take  some  bold  and  decisive  step,  to  save  the  honor 
and  credit  of  the  state. 

Judge  Spencer,  and  other  prominent  republicans, 
had  repeatedly  urged  the  governor  to  exercise  the  au- 

8* 


12 


178  DANIEL    D.    TOMPKINS. 

thority  conferred  upon  him  by  the  constitution,  and  to 
prorogue  the  legislature.  He  at  first  hesitated;  but 
when  the  long-foreseen  emergency  had  arrived,  and  it 
became  apparent  that  the  appliances  used  by  the 
agents  of  the  bank  had  been  but  too  successful,  he  felt 
that  his  duty  was  made  plain.  "  We  concurred  in  the 
opinion,"  says  Judge  Spencer,  "  that  a  crisis  had  arriv 
ed,  when  some  bold  measure  was  to  be  taken,  to  pre 
serve  the  fountain  of  all  our  laws  from  the  impure 
approaches  of  bribery  and  corruption ;  and  that  a  pro 
rogation,  with  the  reasons  which  produced  it,  would 
awaken  public  attention  to  these  enormities,  and  would 
strike  an  awe  into  the  actors  in  these  profligate  scenes, 
which  would  not  fail  to  produce  a  wholesome  and 
salutary  state  of  things."* 

On  the  27th  of  March,  1812,  the  governor  sent  his 
message  to  the  legislature,  proroguing  the  two  houses 
until  the  21st  day  of  May  then  next,  and  assigning  as 
the  reason  and  justification  for  the  adoption  of  this  ex 
treme  measure,  that  sufficient  proof  had  been  furnished 
to  him,  that  the  applicants  for  the  charter  had  cor 
rupted,  or  attempted  to  corrupt,  the  members  of  the 
legislature.  This  bold  step  was  entirely  unexpected  ; 
and  the  reading  of  the  message  was  followed  by  a  fierce 
storm  of  denunciation  from  those  members  who  were 
actively  enlisted  in  behalf  of  the  bank.  No  epithet 
could  be  too  strong,  or  too  severe,  to  be  hurled  against 
Governor  Tompkins.  He  was  called  a  tyrant  and  a 

*  Defence  of  Judge  Spencer,  1843. 


PASSAGE    OF    THE    BILL.  179 

usurper ;  he  was  charged  with  reviving  a  prerogative 
borrowed  from  monarchical  governments,  which  had 
long  been  a  dead  letter  in  the  constitution ;  and  there 
were  those  who  went  so  far  as  to  declare  themselves  in 
favor  of  continuing  the  business  of  the  session,  notwith 
standing  the  mandate  of  the  governor. 

The  legislature  adjourned,  however,  in  accordance 
with  the  message  of  prorogation.  But  the  passage  of 
the  Bank  Bill  was  merely  postponed,  and  not  defeated. 
When  the  two  houses  again  came  together,  the  senate 
immediately  resumed  the  consideration  of  the  subject ; 
and  although  every  inch  of  ground  was  contested  by  its 
opponents,  it  finally  passed,  by  a  vote  of  seventeen  to 
fourteen.  During  the  recess,  petitions  had  been  circu 
lated,  which  were  addressed  to  the  council  of  appoint 
ment,  requesting  them  to  appoint  two  additional  judges 
of  the  supreme  court,  as  it  was  ascertained  that  a  ma 
jority  of  the  council  of  revision  were  friendly  to  the 
bill.  The  avowed  object  of  this  movement  was  to  de 
feat  the  act  of  incorporation  in  the  council ;  but  as  the 
proper  legal  business  of  the  court  did  not  require  any 
additional  force  on  the  bench,  Governor  Tompkins 
could  not  be  induced  to  sanction  the  measure,  and  no 
action  was  had  thereupon  in  the  council  of  appoint 
ment. 

But  although  the  prorogation  of  the  legislature  did 
not  defeat  the  application  for  this  particular  charter,  it 
had  the  tendency  to  stem  successfully  the  tide  of  cor 
ruption,  that  was  violently  surging  over  the  ramparts 


180  DANIEL    D.    TOMPKINS. 

of  the  law  and  the  constitution.  It  called  the  attention 
of  the  people  to  the  influences  that  were  poisoning  the 
fountains  of  public  and  private  virtue.  The  charges 
of  malconduct  subsequently  underwent  examination  in 
the  state  courts,  and  one  of  the  agents  of  the  bank  was 
convicted,  and  sentenced  to  the  state  prison;  others 
were  indicted  and  tried,  and  only  escaped  because  the 
witnesses  against  them,  though  the  testimony  was  con 
clusive  and  generally  credited,  were  the  members  of 
the  legislature  to  whom  bribes  had  been  offered,  and 
had  supported  the  persons  on  trial,  for  important  offices, 
subsequent  to  the  occurrence  of  the  circumstances 
which  they  detailed.  Yet  upon  the  whole,  the  action 
of  the  governor,  and  the  proceedings  in  the  courts, 
were  attended  with  the  most  happy  result ;  for  no  sim 
ilar  attempt  was  afterwards  made  to  corrupt  the  legis 
lature  of  the  state.* 

Previous  to  the  final  adjournment  of  this  legislature, 

*  At  the  session  of  the  legislature  in  the  winter  of  1813,  the  Bank 
of  America  applied  to  be  relieved  from  the  payment  of  the  bonus  to 
the  state,  and  asked  permission  to  reduce  the  amount  of  their  capital. 
The  bait  had  taken,  and  as  their  purpose  had  been  accomplished,  they 
did  not  care  to  fulfil  the  conditions  upon  -which  the  charter  was  origin 
ally  granted.  An  excuse  was  ready,  however.  It  was  said,  as  the 
applicants  for  the  charter  probably  anticipated,  that  all  the  stock  could 
not  be  taken  unless  the  act  was  amended  so  as  to  relieve  the  bank 
from  making  such  heavy  payments.  In  conformity  with  the  application 
now  made,  the  capital  was  reduced,  and  the  bonus  remitted,  with  the 
exception  of  one  hundred  thousand  dollars,  which  was  to  be  paid  to  the 
common  school  fund. 


COURSE  IN  REGARD  TO  THE  WAR.        181 

De  Witt  Clinton  was  nominated  for  the  presidency,  at 
a  caucus  of  the  republican  members.  Governor 
Tompkins,  with  many  other  leading  men  belonging  to 
the  party,  was  opposed  to  the  movement,  and  to  the 
choice  of  Clintonian  electors  at  the  special  session  of 
the  next  legislature,  held  in  the  fall  of  1812.  This  op 
position  was  based,  not  so  much  on  personal  consider 
ations,  although  they  undoubtedly  had  some  influence 
with  the  governor,  but  mainly  on  his  approbation  of 
the  wise  and  prudent  motives  which  had  controlled  the 
policy  of  Mr.  Madison,  during  his  administration.  In 
common  with  many  of  the  most  prominent  republicans 
in  the  Union,  the  former  had  desired  to  see  a  little  more 
energy  displayed  by  the  national  executive;  but  the 
passage  of  the  new  Embargo  Act,  in  April,  1812,  in 
pursuance  of  the  recommendation  of  the  president,  and 
other  proceedings  at  Washington,  assured  him  that 
bolder  counsels  were  about  to  prevail.  He  thought  it 
unwise,  therefore,  to  divide  the  republican  party,  upon 
a  mere  question  as  to  men,  at  such  a  crisis,  and  par 
ticularly  unjust  to  oppose  the  re-election  of  a  public 
officer,  whose  fidelity  to  the  country  no  one  distrusted, 
and  whose  ability  no  one  questioned. 

As  the  electors  were  then  chosen  by  the  legislature, 
Governor  Tompkins,  and  those  who  concurred  with  him 
in  desiring  to  see  Mr.  Madison  sustained,  could  do  no 
thing  more  than  express  their  preferences,  which  they 
did  not  hesitate  to  do  on  all  suitable  occasions.  An 
estrangement  had  been  gradually  springing  up  between 


182  DANIEL    D.    TOMPKINS. 

the  governor  and  De  Witt  Clinton ;  and  when  the  for 
mer  avowed  his  determination  not  to  place  himself  in 
opposition  to  the  republican  party  in  the  other  states, 
who  were  unanimous  in  favor  of  the  re-election  of  Mr. 
Madison,  the  breach  was  so  far  widened  that  it  could 
never  again  be  healed. 

It  is  unnecessary  to  say,  that  when  the  act  declaring 
war  against  Great  Britain  was  passed  by  congress,  in 
June,  1812,  it  met  with  a  hearty  response  from  Gover 
nor  Tompkins.  His  position,  as  the  executive  head  of 
the  state  of  New  York,  was  one  of  great  importance. 
His  patriotic  devotion  to  the  country  was  well  known ; 
and  all  eyes  were  instantly  turned  towards  him,  to 
mark  his  conduct.  He  did  not  disappoint  public  ex 
pectation.  From  the  beginning  to  the  end  of  the  con 
test,  he  stood  firm  and  unflinching  in  support  of  strong 
and  decisive  measures.  The  weight  of  his  name  and 
influence,  his  time  and  his  means,  were  never  with 
held.  New  York,  upon  her  northern  and  western  bor 
ders,  was  the  scene  of  important  military  operations ; 
and  with  the  conduct  of  the  war  in  this  quarter  of  the 
Union,  his  name  is  indissolubly  connected. 

Immediately  after  the  president  issued  his  procla 
mation,  Governor  Tompkins  ordered  out  the  militia  of 
the  state,  and  accepted  the  services  of  the  volunteers. 
They  were  organized  and  equipped,  and  sent  into  the 
field,  with  all  possible  expedition.  The  resources  at 
his  control  were  limited ;  but  where  the  law  had  not 
clothed  him  with  sufficient  power,  to  protect  the  state 


DEFENCE  OF  THE  STATE.  183 

from  invasion,  and  to  render  the  required  assistance 
to  the  general  government  in  maintaining  the  national 
honor,  he  exercised  it  wisely  and  prudently,  yet  firmly, 
without  legal  warrant,  and  on  his  own  responsibility. 
Public  opinion  justified  him  in  pursuing  the  course 
which  he  did.  He  relied  upon  the  people  to  sustain 
him,  and  he  did  not  rely  in  vain.  Through  his  exer 
tions  in  the  summer  of  1812,  a  large  militia  force  was 
collected  on  the  Niagara  frontier  under  the  command 
of  General  Van  Rensselaer,  and  considerable  bodies 
of  troops  were  stationed  at  other  exposed  points. 
Through  no  fault  of  his,  and  principally  in  consequence 
of  disputes  and  disagreements  between  the  officers  of 
the  militia,  and  those  of  the  regular  army,  the  cam 
paign  of  1812  terminated  in  disaster  and  disgrace. 

Other  difficulties  were  not  wanting  to  increase  his 
embarrassments.  The  restrictive  policy  pursued  by 
Jefferson  and  Madison  had  weighed  heavily  upon  the 
eastern  and  middle  states.  In  New  England  the  fed 
eralists  were  largely  predominant,  and  in  New  York 
they  presented  a  powerful  opposition.  At  the  April 
election,  in  1812,  they  secured  a  majority  in  the  lower 
branch  of  the  legislature,  and  at  the  extra  session  in 
November,  the  governor  vainly  recommended  the 
adoption  of  energetic  measures  for  carrying  on  the 
contest  with  Great  Britain.  The  republicans  had  the 
control  in  the  senate,  and  promptly  passed  such  bills  as 
were  adapted  to  the  emergency ;  but  in  the  assem 
bly,  the  time  was  spent  in  fruitless  discussions,  and 


184  DANIEL    D.    TOMPKINS. 

the  recommendations  of  the  executive  were  un 
heeded. 

A  similar  state  of  things  was  witnessed  at  the 
regular  session  in  the  following  winter.  Unfortunate 
as  was  the  issue  of  the  previous  campaign,  the  energy 
and  decision  of  the  governor  had  not  been  unproduct 
ive  of  results.  The  enemy  were  kept  at  bay  until  the 
general  government  had  time  to  bring  their  forces  into 
the  field,  but  a  large  amount  of  money  was  required 
for  the  operations  of  the  ensuing  year.  This  was  dif 
ficult  to  be  obtained.  The  eastern  federalists  had  ex 
erted  themselves,  for  the  most  part  with  success,  to 
prevent  capitalists  in  that  section  from  making  the  de 
sired  loans.  In  New  York  a  like  course  was  pursued, 
though  not  to  the  same  extent.  Governor  Tompkins 
therefore,  recommended  in  his  speech  at  the  com 
mencement  of  the  session,  that  a  loan  should  be  made 
by  the  state  to  the  national  government,  to  enable  it 
to  carry  on  the  war.  But  the  federalists  still  adhered 
to  their  position,  and  when  the  senate  adopted  a  reso 
lution  authorizing  a  loan  to  be  made,  it  was  defeated 
by  the  federal  majority  in  the  assembly. 

Another  general  election  was  to  take  place  in  April 
following,  and  on  the  4th  of  February,  1813,  Governor 
Tompkins  was  again  nominated  for  re-election,  at  the 
republican  legislative  caucus,  without  a  dissenting 
voice.  A  portion  of  the  members  desired  that  De  Witt 
Clinton  should  be  re-nominated,  but  his  course  had  not 
been  satisfactory  to  the  party  generally,  and  through 


RE-ELECTION.  185 

the  influence  of  Ambrose  Spencer,  and  Elisha  Jenkins, 
John  Tayler  was  selected  in  his  stead,  as  the  candidate 
for  lieutenant-governor.  The  candidates  of  the  oppo 
sition  were  Stephen  Van  Rensselaer  and  George 
Huntington.  Both  were  popular  and  estimable  men ; 
and  the  fact  that  the  former  had  commanded  the  state 
troops  on  the  Niagara  frontier  the  previous  season, 
was  made  use  of  by  their  friends,  when  it  was  neces 
sary,  to  disprove  the  charge  of  opposition  to  the  war. 

The  federalists,  therefore,  counted  with  considerable 
confidence  on  their  success,  especially  when  the  imme 
diate  friends  of  De  Witt  Clinton  came  out  in  opposition 
to  the  republican  candidates,  and  denounced  them 
as  the  tools  of  President  Madison.  But  they  were 
doomed  to  experience  a  sad  disappointment.  The  con 
test  was  close,  yet  Governor  Tompkins  and  Mr.  Tayler 
received  about  thirty-six  hundred  majority  in  a  poll  of 
eighty-three  thousand  votes.  The  victory  was  not  all 
on  one  side,  however.  Owing  to  the  defection  of  Mr. 
Clinton's  friends,  the  federalists  again  secured  a  ma 
jority  in  the  assembly,  while  the  republicans  maintained 
their  ascendency  in  the  senate. 

Notwithstanding  this  partially  unfavorable  result,  the 
governor  had  cause  for  self-gratulation.  Upon  his 
own  conduct  the  people  had  pronounced  a  favorable 
judgment.  Inspired,  therefore,  by  the  same  patriotic 
motives,  which  had  hitherto  influenced  his  action ;  and 
feeling  assured  that  they,  to  whom  alone  he  was  re- 
sponsibje,  would  sustain  him, — he  continued  to  render 


186  DANIEL    D.    TOMPKINS. 

all  the  service  in  his  power  in  carrying  on  the  war,  and 
keeping  the  state  in  a  posture  of  defence  ;  and  no  practi 
cable  efforts  in  furtherance  of  those  objects  were  in 
termitted  on  his  part.  However  remiss  others  might 
be,  he  was  determined  that  his  duty  should  not  remain 
unfulfilled.  The  sneers  of  the  envious  he  disregarded ; 
the  cavils  of  those  who  doubted  the  propriety  of  his 
movements  passed  him  by  like  the  "  idle  wind ;"  and 
the  waves  of  party  clamor  were  disparted  by  his  firm 
ness  and  resolution,  as  the  waters  of  the  ocean  are  bro 
ken  by  the  bold  promontory  that  lifts  its  head  in  defi 
ance  of  the  storm. 

In  his  speech  at  the  commencement  of  the  session  of 
the  legislature  in  January,  1814,  he  presented  a  detailed 
statement  of  the  events  of  the  war,  and  recommended 
the  assumption  by  the  state  of  its  quota  of  the  direct  tax 
authorized  to  be  levied  by  a  law  of  congress.  This  rec 
ommendation,  like  those  of  former  years,  was  approved 
by  the  senate,  but  the  assembly  refused  to  pass  the  bill  by 
a  strict  party  vote.  Other  measures  intended  to  aid  the 
general  government  in  the  prosecution  of  the  war,  were 
likewise  adopted  in  the  senate,  but  rejected  by  the  lower 
house.  Collisions  between  the  two  branches  of  legisla 
ture  were  almost  of  daily  occurrence,  and  the  session 
passed  away  without  accomplishing  anything  of  mo 
ment,  either  for  the  security  of  the  state  or  for  the  as 
sistance  of  the  general  government. 

At  the  spring  election,  the  federalists  were  com 
pletely  prostrated  as  a  party,  and  the  republicans  re- 


THREATENED  ATTACK  ON  NEW  YORK       187 

gained  the  ascendency  in  the  assembly.  During  the 
summer,  rumors  of  invasion  were  rife  throughout  the 
state ;  partly  founded  on  conjecture,  and  partly  on  re 
liable  information.  The  neglect  of  the  legislature  im 
posed  a  double  duty  on  the  governor,  but  he  was 
ready  to  perform  it.  He  required  the  militia  to  meet 
often  for  inspection  and  drill,  and  urged  the  officers  to 
perfect  the  discipline  of  their  men  as  rapidly  as  possible. 
In  accordance''  with  his  directions,  the  state  troops 
were  so  disposed  that  they  might  render  their  aid  at 
any  point  that  might  be  menaced.  A  portion  of  them 
did  good  service  under  General  Porter  at  Chippewa 
and  Niagara,  and  others  were  among  the  foremost  in 
rallying  around  the  standard  of  Macomb. 

The  city  of  New  York  was  in  a  most  exposed  con 
dition.  Measures  had  been  taken  for  its  defence  by  the 
authorities  of  the  United  States,  and  fortifications  were 
being  constructed  under  the  direction  of  General 
Lewis.  But  everything  was  yet  incomplete.  All  sum 
mer  long  an  attack  was  apprehended,  and  after  the 
capture  of  Washington,  it  was  confidently  believed  that 
the  next  blow  would  be  struck  in  this  quarter.  The 
alarm  was  now  at  its  height.  Danger  was  imminent. 
Party  ties  were  obliterated  for  the  time,  and  party  at 
tachments  dispelled.  The  governor  was  appealed  to 
by  the  leading  federalists  and  republicans  in  the  city 
and  its  neighborhood,  to  exert  his  authority,  and  if  the 
public  safety  required  him  to  transgress  it,  they  pledged 
themselves  to  stand  by  him.  "Venerable  and  patri- 


188  DANIEL    D.    TOMPKINS. 

otic  citizens,"  said  he,  "such  as  Colonel  Rutgers, 
Colonel  Willet,  Governor  Wolcott,  Mr.  [Rufus]  King 
and  others  animated  me  to  the  greatest  efforts ;  the 
latter  gentleman  in  an  interview  with  me,  was  pecu 
liarly  impressive — he  said  '  that  the  time  had  arrived 
when  every  good  citizen  was  bound  to  put  his  all  at 
the  requisition  of  the  government — that  he  was  ready 
to  do  this  ;  that  the  people  of  the  state  of  New  York 
would  and  must  hold  me  personally  responsible  for  its 
safety.'  I  acquainted  him  with  the  difficulties  under 
which  I  had  struggled  for  the  two  preceding  years, 
the  various  instances  in  which  I  had  been  compelled 
to  act  without  law  or  legislative  indemnity,  and  urged, 
that  if  I  should  once  more  exert  myself  to  meet  all  the 
emergencies  and  pecuniary  difficulties  with  which  we 
were  pressed,  I  must  inevitably  ruin  myself.  '  Well, 
sir,  (added  he,  with  that  enthusiasm  which  genius  lends 
to  patriotism,)  what  is  the  ruin  of  an  individual  com 
pared  with  the  safety  of  the  republic  ?  If  you  are 
ruined,  you  will  have  the  consolation  of  enjoying  the 
gratitude  of  your  fellow- citizens ;  but  you  must  trust  to 
the  magnanimity  and  justice  of  your  country,  you  must 
transcend  the  law,  you  must  save  this  city  and  state  from 
the  danger  with  which  they  are  menaced,  you  must 
ruin  yourself  if  it  becomes  necessary,  and  I  pledge 
you  my  honor  that  I  will  support  you  in  whatever  you 
do.'  "*  Such  an  appeal,  at  such  a  time  and  under  such 
circumstances,  was  not  to  be  resisted.  Surely,  it  was 

*  Letter  of  Governor  Tompkina  to  Archibald  Mclntyre. 


PREPARATIONS    FOR    DEFENCE.  189 

a  noble  sight — when  the  armies  of  Great  Britain,  fresh 
from  the  laurelled  fields  of  Spain,  were  menacing  our 
frontier — when  her  fleets  were  hovering  on  our  sea- 
coast,  and  her  predatory  bands  engaged  in  the  work  of 
plunder  and  devastation — when  the  war  and  its  abet 
tors  were  denounced  from  the  pulpit  by  the  divines  of 
New  England — and  when  treason,  or  nullification,  was 
plotted  at  Hartford — to  behold  the  two  great  leaders 
of  the  rival  parties  in  New  York  standing  together,  in 
support  of  the  country,  of  her  honor  and  her  rights, 
like  brother  with  brother,  and  patriot  with  patriot ! 

Governor  Tompkins  had  promptly  issued  his  procla 
mation,  requiring  the  new  legislature  to  convene  for 
an  extra  session  on  the  26th  of  September  ;  but  the  im 
minence  of  the  danger  was  such  that  immediate  action 
was  required,  and  delay  might  be  attended  by  the 
most  disastrous  consequences.  He  procured  money, 
therefore,  on  his  own  personal  responsibility,  to  a  con 
siderable  amount,  and  expended  it  in  purchasing  sup 
plies  for  the  troops  and  completing  the  defences  of 
New  York.  Large  bodies  of  militia  from  the  river 
counties  were  ordered  to  the  city,  and  in  a  compara 
tively  short  time  an  army  of  between  ten  and  fifteen 
thousand  men  was  concentrated  at  this  point.  Of 
this  force  Governor  Tompkins  himself  assumed  the 
command,  by  virtue  of  a  temporary  appointment  as  a 
major-general  in  the  army  of  the  United  States.  Hap 
pily,  however,  the  British  expedition  which  had  suc 
ceeded  at  Washington,  but  was  repulsed  at  Baltimore, 


190  DANIEL    D.    TOMPKINS. 

sailed  away  to  the  far  south  to  meet  the  doom  that 
awaited  it  on  the  plains  of  Chalmette.  When  this 
became  known,  the  alarm  which  had  prevailed  in  New 
York  entirely  subsided,  and  apprehensions  of  danger 
were  no  longer  entertained. 

In  the  meantime,  President  Madison  had  solicited 
Governor  Tompkins  to  accept  the  office  of  Secretary 
of  State  ;  it  being  understood  that  Mr.  Monroe  would 
be  permanently  transferred  to  the  War  Department, 
which  had  been  placed  under  his  charge  upon  the 
resignation  of  General  Armstrong.  However  much 
the  governor  might  have  been  inclined  at  any  other 
time  to  accept  of  an  appointment  of  this  character,  he 
could  not  but  feel,  in  the  present  condition  of  affairs, 
that  duty  to  his  native  state  required  him  to  remain  in 
the  position  to  which  he  had  been  elevated  by  her  citi 
zens,  and  the  offer  of  the  president  was,  therefore,  de 
clined.*" 

*  It  is  said  by  Mr.  Hammond,  (Political  History,  vol  i.  pp.  390,  391 
405)  that  the  offer  of  the  president  to  place  Governor  Tompkins  at  the 
head  of  the  State  Department,  was  a  commitment,  on  the  part  of  the 
administration,  to  support  him  for  the  next  president.  Now  this  state 
ment  rests  entirely  on  the  naked  assertion  of  the  writer  for  support,  and 
it  is  obviously  incorrect.  Mr.  Madison  and  Mr.  Monroe,  it  is  well  known, 
were  rival  candidates  for  the  presidency  in  1808,  but  the  former  was 
preferred  by  a  large  majority  of  the  members  of  the  legislature  of  Vir 
ginia,  and  by  the  Congressional  Caucus.  It  was  then  understood, 
throughout  the  Union,  that  Mr.  Monroe  was  the  prominent  candidate  for 
the  succession.  Had  the  war  been  protracted,  and  had  it  been  necessary 
to  adopt  the  plan  of  increasing  the  army  by  drafts  from  the  whole  body 
of  the  militia,  to  which  the  term  conscription  was  applied,  recommended 


WAR  MEASURES  Or  THE  ASSEMBLY.       191 

The  New  York  legislature  assembled,  in  pursuance 
of  the  governor's  proclamation,  on  the  26th  of  Sep 
tember,  1814.  His  speech  was  chiefly  confined  to  the 
war,  and  the  recommendation  of  various  measures  for 
its  prosecution.  The  republican  majority  in  the  two 
houses  went  to  work  vigorously,  and  laws  were  soon 
passed,  increasing  the  pay  of  the  militia,  when  in  the 
service  of  the  United  States  ;  for  the  encouragement 
of  privateering  and  authorizing  associations  for  that 
purpose ;  for  classifying  the  militia,  so  as  to  secure  a 
force  of  twelve  thousand  men,  enlisted  for  two  years,  to 
be  placed  at  the  disposal  of  the  general  government ;  for 
raising  a  corps  of  sea  fencibles  for  the  defence  of  the 
city  of  New  York;  for  the  reimbursement  to  the 
governor,  of  expenditures  made  on  his  own  responsi 
bility  ;  and  for  completing  the  fortifications  on  Staten 
Island.  Other  laws,  constituting  features  of  more  or 
less  importance  in  the  general  system  of  measures, 
were  likewise  enacted.  Most  of  the  bills  thus  intro 
duced  and  carried  by  the  dominant  party,  were  op 
posed  by  the  federal  members. 

At  the  annual  session,  commencing  in  the  month  of 
January  following,  further  measures  were  proposed  for 
carrying  on  the  war ;  but  all  were  rendered  unneces 
sary  by  the  treaty  of  peace,  intelligence  of  the  conclu- 

by  Mr.  Monroe  to  Congress  in  October,  1814,  he  was  determined  upon 
•withdrawing  from  the  contest,  because  he  saw  that  the  measure  would 
be  unpopular  with  the  people.  In  that  event  Mr.  Tompldns  might  have 
been  the  favorite  candidate,  though  that  is  by  no  means  certain. 


192  DANIEL    D.    TOMPKINS. 

sion  of  which  was  received  early  in  the  month  of  Feb 
ruary. 

During  the  continuance  of  the  war,  the  prosecution 
of  works  of  internal  improvement  was  wholly  out  of 
the  question;  and  the  attention  of  the  public  was 
diverted  from  the  canal  enterprise  by  the  urgent  neces 
sity  of  providing  for  the  security  of  their  firesides.  In 
1815,  the  law  authorizing  the  commissioners  to  borrow 
five  millions  of  dollars  was  repealed ;  but  on  the  resto 
ration  of  peace,  the  friends  of  the  measure  renewed 
their  efforts.  Governor  Tompkins  was  not  averse  to 
the  construction  of  the  work,  neither  was  he  ar 
dent  in  advocating  it;  but  he  desired  to  proceed 
with  caution  and  deliberation,  and  not  to  plunge 
the  state  headlong  into  debt,  regardless  of  conse 
quences.  He  called  the  notice  of  the  legislature  to 
the  subject,  in  his  opening  speech  at  the  commence 
ment  of  the  regular  session,  in  January,  1816,  and  said, 
that  it  would  rest  with  them  to  say,  "  whether  the  pros 
pect  of  connecting  the  waters  of  the  Hudson  with  those 
of  the  western  lakes  and  of  Champlain,  [was]  not  suffi 
ciently  important  to  demand  the  appropriation  of  some 
part  of  the  revenues  of  the  state  to  its  accomplishment, 
without  imposing  too  great  a  burden  upon  [their]  con 
stituents.  The  first  route,"  he  remarked,  in  addition, 
"  being  an  object  common  with  the  states  of  the  west, 
we  may  rely  on  their  zealous  co-operation  in  any  judi 
cious  plan  that  can  perfect  the  water  communication 
in  that  direction.  As  it  relates  to  the  connecting  the 


PRESIDENTIAL    CANVASS.  193 

waters  of  the  Hudson  with  those  of  Lake  Champlain, 
we  may,  with  equal  confidence,  count  on  the  same  spir 
ited  exertions  of  the  patriotic  and  enterprising  state  of 
Vermont."  Petitions  in  favor  of  this  great  project 
flowed  in  upon  the  legislature,  during  the  session,  in  a 
continuous  stream,  and  provision  was  made  by  law  for 
procuring  the  necessary  surveys  and  estimates,  prepara 
tory  to  the  commencement  of  the  work. 

The  patriotic  course  of  Governor  Tompkins  during 
the  second  war  with  Great  Britain,  and  his  triumphant 
election  in  the  spring  of  1813,  raised  him  to  the  zenith 
of  popularity.  The  "  Farmer's  Boy  of  Westchester" 
was  toasted  at  every  gathering  of  the  republican  party. 
His  name  was  coupled  with  that  of  Madison,  in  the 
public  prints,  and  their  mutual  praises  were  sounded 
from  one  end  of  the  Union  to  the  other.  These  tokens 
of  approbation  were  not  unworthily  bestowed;  none 
deserved  them  better,  and  none  could  regard  them  with 
greater  thankfulness.  It  was  natural  that  the  aspira 
tions  of  the  governor  should  now  be  directed  to  other 
and  higher  honors.  But  I  can  discover  no  foundation 
for  the  assertion  or  intimation,  repeatedly  put  forth  by 
Mr.  Hammond,  that  he  had  set  his  heart  on  obtaining 
the  nomination  for  the  presidency,  in  1816.*  Gover 
nor  Tompkins  was  not  devoid  of  ordinary  prudence  as 
a  politician.  He  well  knew  that 

"  High  favors  like  as  fig-trees  are, 
That  grew  upon  the  sides  of  rocks,  where  they 


*  Political 

History,  voL  i  pp.  360,  391, 
9 

406,  et  alibi. 

13 


194  DANIEL    D.    TOMPKINS. 

Who  reach  their  fruit,  adventure  must  so  far 
As  to  hazard  their  deep  downfall." 

His  hopes  were  undoubtedly  fixed  upon  the  presiden 
tial  chair ;  but  the  desire  to  reach  that  high  position 
was  an  honorable  one,  and  the  expectations  which  he 
might  have  indulged  were  by  no  means  unreasonable. 
His  prospects  were  highly  flattering,  and  it  was  only 
necessary  that  he  should  patiently  "  bide  his  time." 
The  great  mass  of  the  republican  party  in  New  York 
were  anxious  thus  to  reward  his  noble  sacrifices  and 
patriotic  efforts  in  the  late  war,  and  only  wanted  but 
the  opportunity  to  indicate  their  regard  for  him.  But 
beyond  the  limits  of  the  state,  he  had  been  known  but 
a  short  time.  He  was  still  a  young  man ;  and  it  is  no 
disparagement  to  his  capacity  or  his  talents  to  say,  that 
he  was  not  considered  a  sufficiently  mature  statesman 
to  render  the  propriety  of  his  nomination  for  the  presi 
dency  obvious  to  the  electors  of  the  Union  at  large. 

Mr.  Monroe,  on  the  contrary,  who,  as  has  been  re 
marked,  was  the  most  prominent  candidate,  had  been 
before  the  people  ever  since  the  year  1808.  He,  too, 
had  evinced  his  patriotism,  in  the  recent  contest,  by 
pledging  his  individual  credit  to  provide  the  means  for 
the  defence  of  New  Orleans.  Public  opinion,  in  all 
sections  of  the  country,  had  settled  firmly  down  upon 
his  name;  and  in  the  summer  and  fall  of  1815,  an  al 
most  equally  general  expression  had  been  elicited  in 
favor  of  the  nomination  of  Mr.  Tompkins  to  the  second 
office.  Mr.  Crawford  was  also  made  one  of  the  presi- 


LEGISLATIVE    CAUCUS.  195 

dential  candidates,  by  the  politicians  who  were  not  par 
ticularly  friendly  to  Mr.  Monroe ;  but  he  himself  ab 
solutely  refused  to  co-operate  in  any  way  in  the  move 
ment.  The  leading  republican  papers  in  the  state  of 
Georgia,  of  which  he  was  a  resident,  came  out  deci 
dedly  in  support  of  Monroe,  and  her  delegation  in  con 
gress  entertained  similar  preferences,  although  they 
could  not  but  vote  for  Mr.  Crawford,  when  his  name 
was  presented  to  the  congressional  caucus. 

In  the  month  of  February,  1816,  Governor  Tomp- 
kins  was  unanimously  nominated  by  the  republican 
members  of  the  New  York  legislature,  as  their  candi 
date  for  the  presidency ;  and  a  resolution  was  adopted, 
instructing  the  senators  and  representatives  in  congress 
to  use  all  proper  efforts  to  secure  his  nomination.  The 
main  object  of  this  movement — the  opinion  of  Mr. 
Hammond  to  the  contrary  notwithstanding — at  least 
with  those  who  were  sincerely  devoted  to  the  governor, 
was  to  bring  his  name  before  the  people,  and  place  him 
in  the  line  of  succession.  If  any  other  design  was 
cherished,  it  must  have  been  on  the  part  of  Judge 
Spencer,  who  was  mainly  instrumental  in  procuring 
the  caucus  nomination,  and  was  then  the  active  man 
ager  in  the  republican  party ;  for  he  was  at  that  time 
more  than  suspected  of  urging  forward  Governor 
Tompkins  prematurely,  in  order  that  the  republicans  in 
the  southern  states  might  take  offence,  and  treat  the 
proceeding  as  a  sectional  and  factious  one,  and  that  he 
might  be  thus  completely  prostrated,  in  a  political 


196  DANIEL    D.    TOMPKINS. 

sense,  in  an  abortive  attempt  to  reach  the  presi 
dency. 

At  Washington,  the  canvass  commenced  as  soon  as 
the  session  opened.  It  was  early  ascertained,  by  the 
New  York  members,  that  the  true  question  was  solely 
between  Mr.  Monroe  and  Mr.  Crawford,  and  that  the 
attempt  to  nominate  Governor  Tompkins  for  the  first 
office  must  prove  an  utter  failure ;  yet  they  likewise 
discovered,  that  the  nomination  for  the  vice-presidency 
would  be  cheerfully  bestowed  on  him.  Judge  Spen 
cer  was  then  at  Washington ;  and  through  his  means, 
a  meeting  of  the  delegation  was  held,  for  the  purpose 
of  obtaining  a  united  expression  in  support  of  Mr. 
Crawford,  who  was  really  his  favorite  candidate. 
Whether  he  supported  him  with  any  ulterior  object  in 
view,  connected  with  his  own  personal  advancement, 
it  is  unnecessary  to  inquire ;  yet  it  is  certain  that  he 
was  not  a  very  ardent  friend  to  Governor  Tompkins, 
who  was  a  much  younger  man  than  himself,  and  that 
he  would  have  been  glad  to  have  distanced  him  in  the 
contest  for  official  honors,  if  he  could. 

It  must  be  remembered,  that  a  caucus  nomination 
was  not  then  regarded  as  being  absolutely  binding; 
and  in  connection  with  this  fact,  the  announcement 
which  was  made  by  Mr.  Clay,  and  other  friends  of  Mr. 
Monroe,  that  the  name  of  the  latter  should  not  be  with 
drawn  in  any  event,  and  that  if  the  caucus  decided 
against  him,  they  would  appeal  from  the  politicians  to 
the  people,  possessed  deep  significance.  It  was  so 


CANDIDATE    FOR    VICE-PRESIDENT.  197 

regarded  by  Peter  B.  Porter,  Enos  T.  Throop,  John 
W.  Taylor,  and  William  Irving,  the  older  and  more 
experienced  members  of  the  New  York  delegation,  and 
they  did  not  think  it  advisable  to  hazard  the  chances 
of  Governor  Tompkins'  nomination  and  election  to  the 
vice-presidency,  and  of  destroying  their  influence,  it 
might  be,  with  the  next  administration,  by  taking  sides, 
as  a  delegation,  between  the  two  candidates,  Mr.  Mon 
roe  and  Mr.  Crawford.  Their  advice  was  heeded ;  the 
meeting  broke  up,  without  coming  to  any  determina 
tion  ;  and  each  member  was  left  to  vote  according  to 
his  individual  preferences.  The  caucus  was  held  on 
the  18th  of  March ;  Mr.  Monroe  was  nominated  for 
the  presidency,  over  Mr.  Crawford ;  and  Mr.  Tomp 
kins  was  selected  as  the  republican  candidate  for  vice- 
president — eighty-five  votes  being  given  for  him  on  the 
first  ballot,  and  thirty  for  Simon  Snyder,  of  Penn 
sylvania. 

While  upon  this  subject,  it  may  be  as  well,  in  order 
to  save  repetition,  to  refer  to  the  charge  of  bad  faith, 
made  by  Mr.  Hammond  against  Mr.  Van  Buren,  and 
indirectly  and  by  inuendo  against  Mr.  Throop,  whose 
biographical  sketches  may  be  found  in  this  work,  in 
connection  with  the  presidential  canvass  of  1815-16.* 
Governor  Tompkins  had  no  warmer  or  truer  friends, 
from  the  time  of  his  election  as  governor  down  to  the 
period  of  his  retirement  from  public  life,  than  Martin 
Van  Buren  and  Enos  T.  Throop.  Both  regarded  him 

*  Political  History,  vol.  L  p.  409,  et  seq. 


198  DANIEL    D.    TOMPKINS. 

as  the  future  hope  of  the  republican  party  in  New 
York,  and  did  not  wish  to  see  him  make  a  misstep. 
They  were  not,  like  Mr.  Hammond,  subservient  to  the 
views  of  Judge  Spencer ;  and  that  will  account,  with 
out  further  explanation,  for  their  not  committing  them 
selves  in  the  presence  of  the  former,  which  circum 
stance,  in  the  case  of  Mr.  Van  Buren,  seems  to  have 
been  so  very  mysterious  in  his  estimation.*  The  asser 
tion,  that  the  governor  thought  "  unkindly"  of  the 
course  of  the  New  York  members,  as  Mr.  Hammond 
avers,f  is  also  highly  improbable,  not  to  say  impossi 
ble.  Could  Mr.  Tompkins  have  been  nominated,  they 
would  unquestionably  have  supported  him ;  and  if  he 
found  fault  with  their  action  at  all,  it  must  have  been 
because  they  came  so  near  falling  into  the  trap  set  for 
them  by  Judge  Spencer. 

Before  the  result  of  the  congressional  caucus  was  yet 
known  at  Albany,  it  became  necessary  to  select  candi 
dates  for  the  gubernatorial  election.  Mr.  Tomp 
kins  and  Mr.  Tayler  were  again  nominated  for  the 
respective  offices  of  governor  and  lieutenant-governor, 
and  succeeded  at  the  April  election  over  their  federal 
competitors,  Rufus  King  and  George  Tibbits,  by  nearly 
seven  thousand  majority. 

Governor  Tompkins  signified  his  acceptance  of  the 
nomination  for  the  vice-presidency,  on  the  6th  of  April, 
1816,  and  in  the  month  of  December  following  was 

*  Political  History,  p.  411,  note. — Mr.  Van  Buren  was  not  a  member  of 
Congress,  but  merely  a  casual  visitor  at  "Washington.  f  Ibid.  p.  411. 


RECOMMENDS    THE    ABOLITION    OF    SLAVERY.         199 

duly  chosen  to  fill  that  office.  He  received  one  hun 
dred  and  eighty- three  of  the  two  hundred  and  twenty- 
one  electoral  votes;  the  remainder  were  divided  be 
tween  different  candidates. 

Inasmuch  as  the  official  term  of  president  and  vice- 
president  did  not  commence  until  the  4th  of  March, 
1817,  Mr.  Tompkins  continued  to  discharge  the  duties 
of  governor  until  near  the  close  of  the  month  of  Feb 
ruary  previous  to  that  day,  when  he  resigned  the 
office.  The  administration  of  the  state  government 
now  devolved  on  the  lieutenant-governor.  By  virtue 
of  a  special  law  passed  for  the  purpose,  a  governor  was 
authorized  to  be  chosen,  to  supply  the  vacancy,  at  the 
annual  election  in  April.  De  Witt  Clinton  was  the  suc 
cessful  candidate,  and  took  the  oath  of  office  on  the  1st 
day  of  July,  1817. 

Almost  the  last  act  of  Governor  Tompkins,  as  the 
chief  executive  officer  of  the  state,  was  one  which  de 
serves  ever  to  be  mentioned  to  his  credit.  On  the 
27th  of  January,  1817,  he  sent  a  special  message  to  the 
legislature,  urgently  recommending  the  entire  abolition 
of  domestic  slavery  in  the  state,  to  take  place  on  the 
4th  day  of  July,  1827.  The  recommendation  was  ap 
proved,  and  a  law  passed  in  conformity  thereto.  From 
that  time,  this  institution  had  no  longer  a  legal  exist 
ence  in  New  York. 

Mr.  Tompkins  took  the  oath  of  office,  as  vice-presi 
dent,  on  the  4th  of  March,  1817 ;  and  in  December, 
1820,  he  was  re-elected  to  the  same  high  office,  for  an- 


200  DANIEL    D.    TOMPKINS. 

other  term  of  four  years,  by  a  still  larger  electoral  vote. 
As  the  president  of  the  Senate,  he  displayed  the  same 
traits  of  character  for  the  possession  of  which  he  had 
ever  been  distinguished — always  uniting  the  polished 
urbanity  of  the  gentleman  with  the  dignity  appropriate 
to  his  position. 

In  the  meantime,  divisions  had  sprung  up  in  the  re 
publican  ranks,  in  New  York,  and  the  governor,  De 
Witt  Clinton,  had  become  obnoxious  to  the  majority  of 
the  party.  His  canal  policy,  however,  had  made  him 
extremely  popular  with  the  people ;  and  it  was  thought 
by  those  who  wished  to  see  him  superseded,  that  nc^ 
one  but  Mr.  Tompkins,  who  was  believed  to  be  invin 
cible,  could  be  elected  over  him.  The  republican 
nomination  was  therefore  tendered  to  the  vice-presi 
dent,  in  the  spring  of  1820,  and  duly  accepted  by  him. 
The  election  was  contested  with  warmth  and  spirit  on 
both  sides ;  but  Mr.  Tompkins  was  defeated  by  about 
fifteen  hundred  majority.  One  of  the  causes — perhaps 
the  only  one — of  this  defeat,  was  the  circulation  of  a 
most  unjust  calumny  on  the  fair  fame  of  the  republican 
candidate.  During  the  war  of  1812,  large  sums  of 
money,  amounting  to  several  millions  of  dollars,  had 
passed  through  his  hands,  as  the  agent  in  making  dis 
bursements  of  the  general  and  state  governments ;  and 
upon  the  settlement  of  his  accounts  with  the  state,  it 
appeared  that  there  was  a  balance  against  him  of  about 
one  hundred  and  twenty  thousand  dollars,  for  which  he 
could  produce  no  vouchers.  He  claimed,  however, 


CHARGE    OF    DEFALCATION.  201 

that  there  was  a  considerable  balance  due  him  for  com 
missions.  No  one  dared  to  charge  him  openly  with 
an  intentional  appropriation  of  the  public  funds  to  his 
own  private  purposes,  but  the  deficiency  was  occasion 
ed,  partly  by  his  neglect  to  take  proper  vouchers,  partly 
by  the  immethodical  manner  in  which  he  kept  his  ac 
counts,  and  partly  by  blending  the  public  moneys  with 
his  private  funds. 

So  thought  the  commissioners  who  investigated  his 
accounts,  and  who  were  his  political  opponents.  So 
thought  every  candid  and  impartial  man  who  examined 
into  the  subject.  So  thought  the  legislature;  and  a 
law  was  passed  authorizing  him  to  charge  commis 
sions  on  the  money  borrowed  by  him  on  his  own  per 
sonal  responsibility  and  converted  into  specie  funds,  so 
as  to  enable  him  to  balance  his  account.  A  dispute 
then  arose  between  him  and  the  comptroller,  Archi 
bald  Mclntyre,  in  regard  to  the  construction  of  the 
law,  and  an  angry  correspondence  ensued.  The  politi 
cal  friends  of  the  comptroller  were  in  the  majority  in 
the  legislature  of  1820,  and  sustained  that  officer  in 
the  view  he  had  taken  of  the  law.  The  matter  was 
still  unsettled,  therefore,  when  the  election  took  place 
in  1820,  and  was  used,  not  so  much  openly  as  secretly, 
to  the  prejudice  of  the  vice-president.  At  the  next 
session  of  the  legislature,  in  the  winter  of  1821,  a  law 
was  enacted,  authorizing  his  account  to  be  balanced, 
on  his  executing  a  release  to  the  state  of  his  claim  for 
commissions.  But  this  act  of  reparation  came  too  late. 

9* 


202  DANIEL    D.    TOMPKINS. 

The  blow  had  been  struck,  and  the  victim  cowered  be 
neath  it.  The  poisoned  dagger  was  already  quivering 
in  his  heart.  None  had  the  effrontery  to  charge  him 
publicly  with  culpable  malconduct,  but  sly  malice 
whispered  her  insinuations,  and  slander  "  filled  her 
mouth  with  lying  words/'  and  uttered  them  covertly  in 
the  dark. 

Public  honors  still  awaited  him.  In  the  spring  of 
1821,  he  was  elected  a  delegate  to  the  convention 
called  to  amend  the  state  constitution,  from  the  county 
of  Richmond,  and  was  chosen  by  a  flattering  vote,  to 
officiate  as  president  of  that  body.  He  participated  to 
some  extent  in  the  debates,  and  especially  distin 
guished  himself  by  his  advocacy  of  universal  suffrage. 
Previous  to  the  final  adjournment  of  the  convention,  a 
complimentary  vote  of  thanks  was  unanimously  adopted, 
and  in  reply  thereto,  he  delivered  the  following  neat 
and  appropriate  speech,  in  which  the  chasteness  and 
simple  elegance  of  his  style  as  a  speaker  and  writer  are 
conspicuous : — 

"  GENTLEMEN  :  I  am  penetrated  with  a  due  sense,  not  only  of  the  honor 
conferred  by  your  selection  of  me  to  preside  in  this  highly  respectable 
body — but  also  of  your  kindness  and  regard  manifested  by  the  unani 
mous  resolution  which  you  have  been  pleased  to  adopt  at  the  close  of 
the  solemn  duties  which  the  people  have  committed  to  us. 

"  It  is  my  sincere  hope  that  the  approbation  of  this  community  may 
crown  the  result  of  our  consultations,  and  that  it  may  accomplish  the 
momentous  objects  for  which  we  have  been  assembled,  and  redound  to 
the  liberty,  tranquillity,  and  permanent  welfare  of  our  constituents  and 
of  posterity. 


HIS    DEATH. 

"  "Whilst  I  tender  to  you  an  affectionate  adieu,  indulge  me,  gentlemen, 
in  a  fervent  expression  of  my  acknowledgments  for  your  uniform  sup 
port  and  approbation,  and  of  my  best  wishes  for  your  respective  happi 
ness  and  prosperity." 

Subsequent  to  this  period  Governor  Tompkins  .took 
no  active  part  in  the  politics  of  the  state.  He  contin 
ued  to  discharge  the  duties  of  vice-president  until  the 
close  of  his  term,  on  the  3d  day  of  March,  1825,  when 
he  finally  retired  from  public  life.  After  his  defeat  at 
the  gubernatorial  election  in  1820,  habits  of  intempe 
rance  rapidly  grew  upon  him.  Like  Othello,  his  occu 
pation  was  gone.  His  cup  of  disappointment  was  full 
to  overflowing.  His  temperament  became  nervous 
and  irritable.  Fits  of  melancholy  and  gloom  alterna 
ted  with  brief  glimpses  of  the  genial  sunshine  of  former 
years.  The  light  of  his  eye  became  vague  and  un 
settled,  and  the  lines  of  his  face  deep  and  care-worn. 
When  he  returned  from  Washington  to  his  residence 
at  Tompkinsville,  on  State n  Island,  the  bode  of  death 
preceded  his  footsteps.  Disease  came  on  with  rapid 
strides,  and  on  the  llth  day  of  June,  1825,  his  mortal 
career  was  closed,  while  yet  in  the  full  maturity  of 
manhood,  but  alas!  in  the  decrepitude  of  his  fame. 

He  left  several  children.  One  of  his  sons  entered 
the  army,  and  another  represented,  in  part,  the  first 
senatorial  district  in  the  New  York  senate,  during  the 
years  1840  and  1841,  in  a  manner  creditable  alike  to 
himself  and  to  his  constituents. 

The  personal  qualities  of  Governor  Tompkins  were 


204  DANIEL    D.    TOMPKINS. 

worthy  of  all  praise.  His  heart  was  full  of  kind  and 
generous  sentiments.  His  disposition  was  frank,  manly, 
and  ingenuous.  True  native  nobleness  of  soul  charac 
terized  his  conduct  in  all  the  relations  of  private  life. 
His  kindness  and  urbanity,  his  winning  address  and 
engaging  manners,  were  commended  by  every  one 
who  approached  him.  He  was  often  applied  to,  during 
the  war  with  Great  Britain,  by  relatives  having  friends 
serving  with  the  state  troops,  for  their  discharge  from 
the  service.  Most  of  these  applications  were  refused ; 
but  it  was  done  so  kindly  and  so  gently,  that  the  pang 
of  disappointment  was  soon  forgotten,  and  the  heart 
whose  desire  could  not  be  gratified,  was  lightened  of 
half  its  load. 

In  illustration  of  this  remarkable  trait  in  his  charac 
ter,  Mr.  Hammond  relates  this  anecdote :  "A  respecta 
ble  farmer  residing  in  one  of  the  interior  counties  in 
the  state,  unfortunately  had  a  son  who  was  convicted 
of  a  felony  and  sentenced  to  several  years'  confinement 
in  the  state  prison.  The  father  had  twice  called  on 
Governor  Tompkins  with  a  petition  for  the  pardon  of 
his  son,  which  had  been  denied.  After  Mr.  Clinton 
became  the  successor  of  Mr.  Tompkins,  the  old  man 
being  acquainted  with  Mr.  Miller  and  aware  of  his  in 
timacy  with  the  governor,  called  on  him  and  solicited 
his  influence  in  behalf  of  his  son.  Mr.  Miller,  being 
convinced  that  it  was  a  case  proper  for  the  exercise  of 
the  executive  clemency,  promised  to  give  him  his  aid, 
and  forthwith  called  on  the  governor,  and  his  represen- 


ANECDOTE.  205 

tations  produced  the  same  convictions  on  the  mind  of 
Mr.  Clinton.  Mr.  Miller,  however,  in  order  to  turn 
the  act  to  some  political  advantage,  told  the  governor 
that  the  father  of  the  convict  was  a  man  of  considerable 
influence  in  the  place  where  he  lived ;  that  he  (Mr.  Mil 
ler)  would  send  him  to  Governor  Clinton,  and  he  hoped 
he  would  treat  him  in  such  a  manner  as  to  secure  his 
esteem  and  friendship ;  and  with  this  request  the  gov 
ernor  promised  compliance.  The  old  man  called  at 
the  governor's  office,  according  to  the  custom  of  coun 
try  people,  early  in  the  morning,  and  Mr.  Clinton,  being 
informed  of  his  name,  went  himself  to  the  door,  and 
urged  him  to  come  in  and  breakfast  with  him.  The 
petitioner  did  so,  and  the  governor  made  great  efforts 
to  appear  agreeable  during  the  repast,  and  after  break 
fast  delivered  to  the  anxious  father  an  unconditional 
pardon  of  his  son.  He  went  immediately  to  Mr.  Mil 
ler's  office,  who  inquired  of  him  how  he  had  succeeded, 
and  how  he  liked  the  governor.  '  The  governor,'  said 
the  old  man,  '  was  so  good  as  to  ask  me  to  breakfast, 
and  promptly  pardoned  my  son ;  but  you  asked  me  how 
I  liked  him,  and  I  must  say  that,  although  I  have  seen 
Governor  Tompkins  but  twice,  and  although  at  each 
time  he  positively  refused  to  grant  me  the  favor  I  de 
sired,  and  Governor  Clinton  has  granted  me  that  very 
favor  upon  the  first  time  of  asking,  I  like  Governor 
Tompkins  better  than  I  like  or  can  like  Governor  Clin 
ton — I  cannot  tell  the  reason  why.'  "*' 

*  Political  History  of  New  York,  vol.  ii.  p.  271. 


206  DANIEL    D.    TOMPKINS. 

Governor  Tompkins  was  not  a  man  of  brilliant  or 
showy  parts ;  it  cannot  be  said  that  he  belonged  to  the 
higher  order  of  minds  ;  but  his  talents  were  decidedly 
respectable.  He  possessed  a  rare  facility  in  adapting 
himself  to  any  society,  and  the  sturdy  and  illiterate 
backwoodsman  felt  as  easy  in  his  presence  as  the  most 
polished  gentleman.  He  possessed  "  in  a  most  eminent 
degree,"  says  Professor  Renwick,  "  the  art  of  ingratiat 
ing  himself  with  the  people.  He  had  the  faculty,  which 
is  invaluable  to  him  who  seeks  for  popular  honors,  of 
never  forgetting  the  name  or  face  of  any  person,  with 
whom  he  once  conversed ;  of  becoming  acquainted  and 
appearing  to  take  an  interest  in  the  concerns  of  their 
families;  and  of  securing,  by  his  affability  and -amiable 
address,  the  good  opinion  of  the  female  sex,  who,  al 
though  possessed  of  no  vote,  often  exercise  a  powerful 
indirect  influence."*  His  personal  appearance,  too, 
was  in  his  favor ;  it  was  dignified  and  prepossessing, 
and  his  form  was  above  the  ordinary  height,  though 
somewhat  inclined  to  corpulency,  when  in  the  full  vigor 
of  perfect  health. 

Here,  perhaps,  this  memoir  should  end.  It  was  said 
of  Marlborough,  by  his  most  inveterate  political  op 
ponent,  the  Earl  of  Peterborough,  after  death  had  ter 
minated  their  rivalry, — "  He  was  so  great  a  man  that  I 
have  forgotten  his  faults."  But  there  is  a  duty  to  be 
discharged  to  the  living,  as  well  as  reverence  to  be  paid 
*  Life  of  De  Witt  Clinton,  p.  66. 


REFLECTIONS.  207 

to  the  dead.  It  is  not  ungenerous  or  unjust,  to  point 
in  a  becoming  manner  to  the  moral  presented  in  the 
sad  termination  of  the  career  of  Tompkins.  It  needs 
no  amplification.  Great  names  always  render  great 
faults  more  conspicuous,  and  an  evil  example  is  of 
far  more  pernicious  tendency,  when  exhibited  in  the 
character  of  one  occupying  a  high  position  in  society, 
than  in  that  of  a  more  humble  individual. 

To  such  as  have  felt  the  snares  of  the  syren — to 
those  that  have  been  beguiled  by  the  soft  blandishments 
of  the  Delilah  who  would  woo  them  to  their  undoing, 
— this  moral  may  be  profitable.  Many — ah  !  how 
many — yield  to  habits  of  indulgence,  as  the  young  sap 
ling  bends  before  the  breath  of  the  tempest :  but  few 
there  are  who  rise  again,  and,  like  the  noble  oak,  in  the 
majesty  and  dignity  of  conscious  strength,  bid  defiance 
to  the  storm  and  the  whirlwind.  Many  enter  the  fiery 
furnace,  but  few  escape  unscathed  and  uninjured.  He 
who  would  tempt  the  ordeal — let  him  pause,  ere  he 
makes  venture  of  all  that  is  dear,  and  listen  to  the  ad 
monition — 

"  A  fiend  lurks  close  behind 
The  radiance  of  thy  planet — Oh,  be  warned  1" 


DE  WITT  CLINTON. 

THE  early  history  and  origin  of  the  Clinton  family 
have  been  so  fully  detailed  in  the  memoir  of  George 
Clinton,  that  it  seems  unnecessary  to  recapitulate  the 
facts  there  narrated,  for  the  purposes  of  this  sketch. 

James  Clinton — it  will  be  borne  in  mind  by  the 
reader — was  the  third  surviving  son  of  Charles  Clin 
ton,  the  founder  of  the  family  in  this  country.  He  was 
born  at  Little  Britain,  the  residence  of  his  father,  on 
the  9th  of  August,  1736.  Nature  had  gifted  him  with 
strong  and  active  powers  of  mind,  but  associated  them 
with  a  kind  and  affectionate  disposition.  Consequently, 
while  we  find  him  in  battle  calm  and  self-possessed,  en 
ergetic  and  resolute — when  we  follow  him  to  the  quiet 
and  retirement  of  private  life,  we  see  the  gentler  vir 
tues  of  his  character,  like  sweet  but  humble  flowers, 
shedding  their  fragrance  on  every  side. 

Like  his  other  brothers,  he  received  an  excellent 
education,  under  the  instruction  or  immediate  super 
intendence  of  his  father.  He  often  assisted  the  latter 
in  surveying,  and  early  evinced  a  great  predilection  for 
the  study  of  the  exact  sciences,  in  which  he  acquired 


(rwenwrcf Jfrw Fork. 


€> 


HIS    FATHER.  209 

much  proficiency.  He  was  warmly  attached  to  field 
sports,  and  manifested  in  his  youth  an  almost  passion 
ate  fondness  for  a  military  life.  "  Born,"  says  Mr.  Camp 
bell,  "  upon  the  frontiers,  with  a  hardy  and  vigorous 
constitution,  and  accustomed  to  alarms  and  Indian  in 
cursions,  he  became  in  early  life  attached  to  the  profes 
sion  of  arms."*  The  last  French  and  Indian  war  af 
forded  him  the  opportunity  of  entering  a  profession  in 
which  he  subsequently  distinguished  himself.  In  1756, 
he  received  an  ensign's  commission,  in  the  regiment  of 
militia  of  which  his  father  was  made  lieutenant-colonel, 
from  Sir  Charles  Hardy,  the  governor  of  the  province; 
and  in  the  following  year  he  was  promoted  to  a  lieu 
tenancy.  Being  authorized  to  enlist  troops,  he  soon 
raised  a  company,  of  which  he  was  made  captain,  for 
active  service  in  the  provincial  army ;  and  in  the  sum 
mer  of  1758,  he  accompanied  the  regiment  commanded 
by  his  father,  to  which  he  continued  to  be  attached,  in 
the  expedition  against  Fort  Frontenac. 

His  first  campaign  wras  signalized  by  the  successful 
execution  of  a  bold  and  difficult  enterprise.  To  his 
company  was  intrusted  the  capture  of  a  sloop  of  war 
on  the  lake  (Ontario)  which  seriously  retarded  or  ob 
structed  the  operations  of  the  army  under  Bradstreet. 
Embarking  with  his  men  in  row-boats,  he  gallantly 
led  them  to  the  attack.  A  few  moments  served  to 
place  them  alongside  the  enemy's  vessel,  and  after  a 

*  Life  and  Writings  of  De  "Witt  Clinton,  p.  15. 


14 


210  DE    WITT    CLINTON. 

brief  struggle,  in  which  he  displayed  commendable  skill 
and  courage,  she  fell  into  his  hands. 

During  the  remainder  of  the  war,  he  was  either  sta 
tioned  at  the  frontier  posts,  or  engaged  in  border  con 
flicts  with  the  savage  allies  of  the  enemy.  His  ser 
vices,  and  his  influence,  too,  were,  in  the  meanwhile, 
often  employed  by  the  colonial  governors,  in  enlisting 
new  recruits.  The  capture  of  Quebec,  and  the  subse 
quent  surrender  of  M.  Vaudreuil,  at  length  terminated 
forever  the  ascendency  of  the  French  in  the  Canadas  : 
but  the  Indians  who  had  been  in  their  pay  continued 
their  depredations  on  the  northern  and  western  bor 
ders  of  New  York,  and  the  inhabitants  of  the  frontier 
settlements  were  kept  in  a  constant  state  of  alarm. 
Such  was  the  confidence  reposed  in  Clinton  by  the 
provincial  authorities,  that,  in  1763,  he  was  empowered 
to  raise  a  corps  of  two  hundred  men,  to  be  designated 
as  "guards  of  the  frontier,"  over  whom  he  was  ap 
pointed  captain-commandant.  In  this  capacity,  his 
duties  were  both  responsible  and  arduous — the  safety 
of  a  line  of  frontier  fifty  miles  in  extent  depending  en 
tirely  upon  him  and  his  command. 

Quiet  was  soon  restored,  however,  by  the  conclusion 
of  the  treaty  of  peace  between  France  and  Great 
Britain,  and  the  provincial  army  was  disbanded. 
James  Clinton  now  retired  to  his  farm  in  Little  Britain, 
and  shortly  afterwards  married  Mary  De  Witt,  a 
daughter  of  Egbert  De  Witt,  and  a  young  lady  of  great 
respectability,  and  of  rare  personal  charms  and  accom- 


REVOLUTIONARY    SERVICES.  211 

plishments.  Her  ancestors  originally  came  from  Hol 
land.  She  bore  her  husband  four  sons ; — Alexander, 
who  was  for  a  long  time  the  private  secretary  of  his 
uncle,  the  governor;  Charles,  who  studied  law  and 
practiced  in  Orange  county ;  DE  WITT,  the  subject  of 
this  memoir ;  and  George,  who  also  became  a  lawyer, 
and  was  for  five  years  a  representative  of  this  state  in 
Congress. 

The  soft  and  gentle  influences  of  domestic  tranquillity 
had  no  enervating  power ;  the  spirit  of  the  soldier  still 
glowed  in  the  bosom  of  the  fond  husband  and  affection 
ate  father ;  and  in  his  relaxation  from  sterner  cares, 
he  did  not  lose  sight  of  his  responsibilities  as  a  citizen. 
On  the  contrary,  the  new  ties  which  he  had  formed 
only  furnished  additional  motives  for  discharging  them 
aright.  In  the  organization  of  the  militia  of  Ulster 
and  Orange  counties,  he  took  a  deep  interest,  and  rose 
to  the  rank  of  lieutenant-colonel.  The  war  of  the  Rev 
olution  found  him  firm  in  his  opposition  to  the  tyran 
nical  measures  of  the  British  ministry,  and  a  fast  friend 
to  the  colonial  cause.  Side  by  side,  hand  in  hand,  with 
his  brother  George,  he  entered  into  the  contest.  In 
the  summer  of  1775,  he  was  appointed  colonel  of  the 
third  regiment  of  New  York  troops  raised  by  order  of 
the  continental  congress.  This  regiment  formed  part 
of  the  army  which  invaded  Canada,  in  the  fall  of  that 
year,  under  the  command  of  the  brave  but  unfortunate 
Montgomery;  and  Colonel  Clinton  shared  with  his 


212  DE    WITT    CLINTON. 

comrades  in  the  dangers  and  disasters,  the  fatigues 
and  privations,  of  that  memorable  campaign. 

On  the  9th  of  August,  1776,  he  was  raised  to  the 
rank  of  brigadier-general  in  the  army  of  the  Confede 
ration,  and  during  the  greater  part  of  the  war  com 
manded  the  New  York  line.  He  was  stationed  at  the 
posts  in  the  Highlands,  in  the  summer  of  1777,  and 
with  his  brother,  then  governor  of  the  state,  took  an 
active  and  important  part  in  the  gallant  though  un 
successful  defence  of  Forts  Clinton  and  Montgomery, 
on  the  6th  of  October,  1777.*  In  this  affair,  he  exhib 
ited  many  proofs  of  his  unflinching  and  resolute 
courage.  He  was  the  first  to  counsel  resistance,  and 
the  last  to  leave  the  works.  In  the  assault  he  was 
severely  wounded  by  the  thrust  of  a  bayonet,  and  his 
attending  servant  was  killed  at  his  side.  He  managed 
to  escape  in  the  confusion  incident  to  the  capture  of 
the  forts.  Under  cover  of  the  darkness,  and  by  means 
of  his  knowledge  of  the  country,  he  eluded  his  pursuers, 
and  reached  his  house,  on  the  following  morning,  in  a 
state  of  complete  exhaustion. 

In  the  summer  of  1778,  the  savage  bands  of  Thayen- 
danegea,  and  the  infuriated  Tories  under  the  command 
of  the  Butlers,  spread  terror  and  consternation  through 
out  Tryon  county.  The  fierce  sa-sa-kwan  of  the  In 
dian  warrior  was  heard  upon  the  banks  of  the  .Cobles- 
kill  and  at  Herkimer,  and  it  mingled  with  the  exultant 
shouts  of  the  white  monsters  who  revelled  amid 
*  See  ante,  p.  43,  et  seq. 


SULLIVAN'S  EXPEDITION,  213 

the  havoc  and  slaughter  at  Cherry  Valley  and  Wyo 
ming. 

The  attention  of  Washington  and  the  continental 
congress  was  now  drawn  to  the  defenceless  state  of 
the  frontier  settlements  of  New  York ;  and  it  was  de 
termined  to  dispatch  an  army  into  the  Indian  country, 
early  in  the  ensuing  year,  to  put  an  end  to  the  inroads 
of  the  banditti,  and  lay  waste  the  towns  and  villages 
where  they  rallied,  and  the  fields  from  which  they  de 
rived  their  subsistence.  The  command  of  this  expedi 
tion  was  assigned  to  General  Sullivan,  who  proceeded 
up  the  valley  of  the  Susquehanna  to  Tioga  Point,  with 
the  main  body  of  his  troops.  At  the  same  time,  Gene 
ral  Clinton  ascended  the  Mohawk,  with  about  two 
thousand  men,  as  far  as  Canajoharie.  Leaving  the 
river  at  this  point,  he  crossed  the  country  to  Lake 
Otsego, — all  his  boats,  two  hundred  and  eight  in  num 
ber,  and  his  stores,  being  transported  with  great  labor 
overland  for  this  distance  of  twenty  miles.  This  task 
being  completed,  the  division  moved  down  the  lake  to 
the  outlet,  where  General  Clinton  remained  several 
weeks,  awaiting  further  orders  from  the  commander  of 
the  expedition. 

About  the  middle  of  August,  the  necessary  instruc 
tions  were  received,  and  General  Clinton  forthwith 
made  his  preparations  for  descending  the  outlet  of  the 
lake  to  Tioga,  at  which  place  he  was  ordered  to  unite 
with  the  main  army.  The  stream  being  reduced  so 
low  by  the  heat  of  the  summer  that  his  boats  could  not 


214  DE    WITT    CLINTON. 

float,  he  resorted  to  the  singular  expedient  of  damming 
up  the  lake  ;  and  when  the  water  had  been  raised  to  a 
sufficient  height,  he  made  an  opening  in  the  dam, 
through  which  the  boats  passed  in  gallant  style,  and 
descended  the  river  on  a  spring  tide.  On  the  22d  of 
August  he  joined  General  Sullivan  at  Tioga,  and  in  the 
morning  of  the  26th  instant,  the  whole  army  com 
menced  moving  up  the  valley  of  the  Chemung. 

In  the  engagement  at  Newtown,  and  during  the 
march  to  the  Genesee  river,  General  Clinton  and  his 
men  freely  partook  of  the  dangers  and  shared  in  the 
hardships  that  were  encountered.  At  the  close  of  the 
campaign  he  led  his  division  back  to  the  Hudson,  and 
was  subsequently  assigned  to  the  command  at  West 
Point.  In  the  fall  of  1780,  he  was  placed  in  charge  of 
the  northern  department,  and  established  his  headquar 
ters  at  Albany.  Here  he  remained  till  the  month  of 
August,  1781,  when  he  was  ordered  to  join  the  com- 
mander-in-chief,  with  the  New  York  troops,  in  the 
bold  and  decisive  movement  against  Lord  Cornwallis. 
He  was  present  at  the  siege  of  Yorktown,  and  after  the 
surrender  accompanied  the  American  army  to  the 
north.  Early  in  1782,  a  junior  officer  being  promoted 
over  him  by  the  continental  congress,  he  resented  the 
indignity  thus  offered  to  him  in  a  proper  manner,  and 
solicited  and  obtained  leave  to  withdraw  temporarily 
from  the  service.  His  patriotism  was  much  too  sin 
cerely  cherished,  however,  to  permit  him  to  dissolve  his 
connection  with  the  army,  but  he  held  himself  in  readi- 


DEATH    OF    HIS    FATHER.  215 

ness  for  active  duty  if  the  public  exigency  required. 
He  appeared  for  the  last  time  in  arms  on  the  occasion 
of  the  evacuation  of  New  York,  having  been  now  pro 
moted  to  the  rank  of  major-general.  This  last  act  in 
the  drama  of  the  Revolution  being  closed,  he  took  leave 
of  Washington  and  his  compatriots,  and  retired  to  his 
farm  at  Little  Britain. 

After  the  war  was  ended,  General  Clinton  was  fre 
quently  called  upon  to  serve  his  country  in  a  civil  capa 
city.  He  represented  Orange  county  in  the  Convention 
of  1788,  called  to  ratify  the  constitution  of  the  United 
States,  and,  with  his  brother  George,  opposed  the  un 
conditional  adoption  of  that  instrument.  He  was  not  a 
bigoted  partisan,  though  he  always  acted  with  the  repub 
lican  party,  and,  consequently,  enjoyed  a  great  share  of 
popularity  in  his  own  and  in  the  adjoining  counties. 
He  was  elected  a  member  of  the  State  Senate  from 
the  Middle  District,  without  opposition,  and,  also,  a 
delegate  to  the  Convention  of  1801,  from  the  county 
of  Orange.  He  was  likewise  appointed  a  commissioner 
to  run  the  boundary  line  between  New  York  and  Penn 
sylvania  ;  and,  at  another  time,  was  employed  by  the 
state  legislature  to  settle  certain  controversies  in  regard 
to  lands  in  western  New  York.  All  these  various 
trusts  and  duties  were  discharged  with  ability  and  fidel 
ity.  Indeed,  his  whole  life  was  eminently  useful,  and 
when  it  finally  terminated,  the  public  lost  a  benefactor 
whose  memory  deserves  to  be  carefully  cherished.  He 
survived  his  brother,  the  vice-president,  but  a  few 


216  DE    WITT    CLINTON. 

months,  and  died  at  his  residence  in  Orange  county, 
"  without  fear  and  without  reproach,"  on  the  22d  of  De 
cember,  1812. 

DE  WITT  CLINTON  was  born  at  Little  Britain,  on 
the  2d  day  of  March,  1769.  His  early  life  was  un- 
checkered  by  important  incidents.  The  rudiments  of 
his  education  were  acquired  at  the  grammar  school  in 
his  native  town,  and  he  was  afterwards  sent  to  the 
academy  at  Kingston,  which  was  the  only  seminary 
then  in  the  state,  at  which  the  higher  classical  studies 
were  taught,  and  all  the  young  men  desirous  of  attain 
ing  a  collegiate  education,  resorted  thither.  Having 
prepared  himself  for  the  junior  class  of  Columbia  Col 
lege,  he  became  a  member  of  that  institution  in  the 
spring  of  1784. 

The  college  had  just  been  revived,  under  the  auspi 
ces  of  the  new  Board  of  Regents  of  the  University, 
and  De  Witt  Clinton  was  the  first  student  admitted 
under  the  new  order  of  things.*  "  I  may  say,  I  trust 
without  the  imputation  of  egotism,"  he  subsequently 
remarked,  "  that  I  was  the  first  student  and  among  the 
first  graduates  of  this  our  Alma  Mater  on  its  revival ; 
and  I  shall  never  forget  the  reverential  impression 
made  on  my  youthful  mind,  by  the  condescension  and 
devotion  to  education  of  the  great  men  who,  at  that 
time,  presided  over  the  interests  of  the  University."! 

*  The  first  examination  for  the  admission  of  students  at  which  the 
Regents  of  the  University  were  present,  was  held  on  the  17th  of  May, 
1784.  f  Address  to  the  Alumni  of  Columbia  College,  May,  1827. 


CHARACTER  AS  A  STUDENT.  217 

In  college  Mr.  Clinton  was  faithful  and  diligent  in 
his  studies.  The  great  truth,  which  cannot  be  too 
often  repeated,  was  early  impressed  upon  his  mind, 
"  that  application  is  the  price  to  be  paid  for  mental  ac 
quisitions,  and  that  it  is  as  absurd  to  expect  them  with 
out  it,  as  to  hope  for  a  harvest  when  we  have  not  sown 
the  seed."*  High  talents  he  possessed,  indeed,  but 
these  never,  of  themselves  alone,  achieved  true  great 
ness  for  their  possessor.  Long  years  of  severe  study, 
of  anxious  and  earnest  thought,  are  required  to  com 
pass  this  end  ;  and  though  the  goal  be  reached  at  last, 
it  is  possible,  still,  to  lose  the  reward.  The  noblest 
structure  of  human  fame  ever  reared  by  the  skill  and 
industry  of  man  will  not  remain  self-supported ;  but 
the  ceaseless  toil  that  may  have  aided  in  its  erection, 
must  be  followed  by  ceaseless  vigilance  in  its  preserva 
tion,  or  it  will  full  surely  pass  away  "  like  the  baseless 
fabric  of  a  vision." 

From  his  boyhood  to  his  grave,  De  Witt  Clinton 
was  a  careful  and  laborious  student.  He  wooed 
Science  with  the  ardor  of  a  lover ;  and  though  she  re 
warded  his  devotion  with  none  of  her  appropriate 
triumphs,  his  intellectual  character  was  moulded  and 
strengthened  while  he  ministered  at  her  altar.  Poesy 
numbered  him  among  her  votaries ;  and  though  her 
wreaths  of  laurel,  sprinkled  with  the  dews  of  Castaly, 
never  glistened  on  his  brows,  her  spell  was  breathed 
upon  him,  and  a  matchless  charm  and  grace  imparted 

*  Bailey's  Essays  on  the  Formation  and  Publication  of  Opinions. 

10 


218  DE    WITT    CLINTON. 

to  his  manly  eloquence.  As  a  painter  examines  a  thou 
sand  different  models,  and  from  each  transfers  some 
striking  feature  to  his  canvass,  and  blends  them  all  to 
gether  in  one  harmonious  whole  ;  so  he  gathered  beau 
ties  in  every  department  of  knowledge,  and  while  he 
stored  his  mind  with  the  noble  thoughts  and  precepts 
of  philosophy,  culled  the  richest  flowers  of  song  to  dec 
orate  and  adorn  it. 

He  was  not  merely  correct  and  punctual  in  going 
through  the  routine  of  his  ordinary  studies  and  exer 
cises.  Books  were  his  constant  companions  through 
out  his  whole  life.  He  selected  them  with  great  judg 
ment  and  care, — choosing  such  only  as  were  really 
valuable,  and  leaving  those  of  a  different  stamp  to  has 
ten  on,  without  hindrance  or  obstruction  on  his  part, 
to  that  oblivion  for  which  they  were  destined.  He 
loved  to  hold  converse  with  the  mighty  dead,  and  was 
never  so  happy  as  when  he  could  summon,  like  Pros- 
pero  his  attendant  spirits,  a  thousand  shapes  of  thought, 
types  of  glorious  conceptions,  to  people  the  solitude  of 
his  study.  He  read  not  for  amusement  alone,  but  for 
profit  and  instruction.  His  pen  was  ever  in  his  hand ; 
his  commonplace  book  lay  on  the  table  beside  him,  and 
from  the  entries  in  the  latter,  it  appears  that  he  read 
and  made  extracts  from  nearly  one  hundred  different 
works,  during  the  first  year  of  his  collegiate  course. 

He  graduated  in  1786,  at  the  head  of  his  class,  and 
shortly  thereafter  commenced  the  study  of  the  law  in 
the  office  of  Samuel  Jones,  then  a  prominent  lawyer 


COMMENCES    STUDY    OF    THE    LAW.  219 

and  politician  in  the  city  of  New  York,  and  subse 
quently  comptroller  of  the  state. 

In  June,  1788,  the  Convention  called  to  consider  the 
question  of  ratifying  the  constitution  of  the  United 
States,  met  in  Poughkeepsie.  "  Among  the  numerous 
citizens  assembled  at  this  most  interesting  and  impor 
tant  Convention,  and  who  watched  from  day  to  day  the 
changing  phases  of  thought  and  opinion,  was  De  Witt 
Clinton.  He  was  nineteen  years  of  age,  and  even 
then,  was  commanding  in  person  and  dignified  in  man 
ners.  The  late  Chancellor  Kent  once  stated  to  the 
writer  that  he  met  De  Witt  Clinton  at  that  time  ;  and 
he  described  his  appearance  as  he  recollected  it,  on 
that  first  meeting  of  two  young  men,  both  of  whom 
were  destined  to  fill  such  large  spaces  in  the  history  of 
their  native  state.  The  future  chancellor  had  just 
commenced  the  practice  of  the  law  in  the  village  of 
Poughkeepsie,  in  partnership  with  Gilbert  Livingston, 
who  was  a  member  of  the  Convention,  and  whose  po 
litical  sympathies  were  with  the  Clintons.  Mr.  Kent 
was  in  favor  of  the  constitution,  and  was  a  federalist. 
In  such  times  of  political  excitement  there  was  not 
that  close  and  confidential  intercourse  which  might 
otherwise  have  existed  between  two  young  and  highly- 
gifted  men.  The  visit  paid  by  Mr.  Clinton  to  Mr. 
Kent  was  formal,  but  courteous,  and  the  venerable 
chancellor  at  the  age  of  fourscore  spoke  with  animation 
of  the  fine  personal  appearance  of  the  youthful  states 
man  ;  he  remarked  that  Mr.  Clinton  even  then  had  a 


220  DE    WITT    CLINTON. 

hauteur  in  his  manner,  which,  whether  arising  from 
pride  or  from  diffidence  he  did  not  pretend  to  decide, 
and  which  in  after  life  was  contrasted  strongly  with 
the  character  and  bearing  of  some  of  his  political  com 
petitors."* 

Young  Mr.  Clinton  took  a  deep  interest  in  the  de 
bates  and  discussions  in  the  Convention,  and  commu 
nicated  a  report  of  the  speeches  and  proceedings  for 
publication  in  one  of  the  New  York  journals.  Like 
his  father  and  uncle,  although  his  opinions  at  that  early 
age  can  hardly  be  said  to  have  been  well  considered 
and  fully  matured,  he  was  opposed  to  the  unconditional 
adoption  of  the  federal  constitution ;  but  when  the  pro 
posed  amendments  were  also  adopted,  with  his  rela 
tives,  he  gave  it  his  hearty  assent  and  support. 

Before  he  had  completed  his  course  of  legal  study,  he 
was  solicited  by  his  uncle,  George  Clinton,  to  become 
his  private  secretary.  Alexander,  the  eldest  brother 
of  De  Witt,  had  previously  occupied  that  place,  but  it 
was  vacated  in  1789  by  his  decease.  After  some  hesi 
tation,  the  latter  consented  to  fill  the  office,  and  con 
tinued  to  discharge  its  duties  till  the  year  1795,  when 
his  uncle  retired,  temporarily,  to  private  life.  The 
nephew  immediately  finished  his  legal  studies,  was  ad 
mitted  to  the  bar,  and  commenced  practice  in  the  city 
of  New  York. 

De  Witt  Clinton  was  educated  in  the  republican 
school  to  which  his  venerable  uncle  belonged,  and  his 

*  Campbell's  Life  and  Writings  of  De  Witt  Clinton,  pp.  27,  28. 


HIS    POLITICAL   POSITION.  221 

political  opinions  accorded  with  the  instruction  which 
he  had  there  received.  This  is  not  only  true  of  his 
sentiments  wrhen  he  first  entered  public  life,  but  equally 
just  with  reference  to  his  entire  career  as  a  politician. 
Whatever  may  have  been  his  associations  in  later 
years,  he  was  always  a  republican  in  principle.  Mr. 
Hammond,  indeed,  intimates  that  his  political  integrity, 
in  1795,  or  about  that  time,  was  not,  like  the  virtue  of 
Caesar's  wife,  wholly  above  suspicion,  but  that  some  of 
the  leading  federalists  in  the  city  of  New  York,  Alex 
ander  Hamilton  among  the  number,  entertained  the 
opinion  that  he  would  ultimately  become  a  federalist.* 
Although  this  imputation  is  not  supported  by  any  relia 
ble  authority,  it  might  be  improper  to  pronounce  it  an 
unfounded  calumny  ;  yet,  certain  it  is,  that  the  public 
life,  character,  and  conduct  of  De  Witt  Clinton  were 
utterly  inconsistent  with  it.  True,  he  numbered 
among  his  intimate  associates  the  leading  men  of  New 
York  belonging  to  both  political  parties.  In  private 
life  he  did  not  often  stop  to  inquire  whether  his  com 
panion  was  a  republican  or  a  federalist.  Whenever 
or  wherever  he  discovered  genius,  talent,  or  learning, 
his  sympathies  naturally  turned  in  that  direction  ;  and 
no  differences  with  respect  to  a  political  creed,  pre 
vented  him  from  welcoming  the  fortunate  possessor 
to  his  heart,  and  ranking  him,  among  his  friends.  This 
was  the  head  and  front  of  his  offending  ;  and  none  but 

*  Political  History,  voL  L  p.  109. 


DE    WITT    CLINTON. 

a  narrow-minded  partisan  could  base  a  serious  charge 
upon  a  foundation  so  unsubstantial.* 

Notwithstanding  his  unquestioned  abilities,  the  man 
ner  of  Mr.  Clinton  was  not  well  calculated  to  fill  his 
office  with  clients,  and  he  does  not  appear  to  have  en 
tered  much  into  the  practice  of  his  profession.  He 
officiated  as  secretary  to  the  board  of  regents  of  the 
University,  and  to  the  board  of  fortifications  in  the  city 
of  New  York,  while  there  was  a  prospect  of  a  war 
with  France. 

But  his  position  as  the  private  secretary  of  his  uncle 
had  made  him  acquainted  with  the  leading  men  in  the 
state,  and  had  excited  a  desire  in  his  bosom  to  enter 
into  the  political  arena.  In  1797,  he  was  elected  a 
member  of  assembly  from  the  city  of  New  York,  and 
in  the  following  year  was  returned  as  one  of  the  sena 
tors  from  the  southern  district ;  being  supported,  on 
both  occasions,  by  the  republican  parity.  In  the  legis 
lature  he  was  active  and  efficient,  and  able,  as  he 
was  decided,  in  his  opposition  to  the  administration  of 
Mr.  Jay.  In  1801,  he  was  chosen  a  member  of  the 
council  of  appointment,  and,  with  Ambrose  Spencer, 
and  Robert  Roseboom — together  constituting  a  ma- 

*  Just  as  little  reliance  is  to  be  placed  on  the  assertion  of  Mr.  Ham 
mond  (Political  History,  voL  L  p.  109,)  that  Mr.  Clinton  was  utterly 
opposed  to  the  proceedings  of  Mr.  Genet,  the  French  minister.  The 
Litter  had  many  warm  personal  friends  in  this  country ;  none  were 
more  sincerely  attached  to  him  than  the  Clinton  family ;  and  his  last 
wife  was  the  first  cousin  of  De  Witt  Clinton, 


A    MEMBER    OF    THE    LEGISLATURE.  223 

jority  of  the  council — resisted  the  claims  of  the  gover 
nor  to  the  exclusive  right  of  nomination.  There  is  a 
common,  but  expressive  saying,  that  "  politics  often 
make  strange  bedfellows."  Mr.  Clinton,  in  the  ensu 
ing  summer,  was  elected  a  delegate  to  the  convention 
called  to  decide  this  question,  from  the  county  of  Kings, 
in  which  he  then  resided,  and  took  the  same  ground  in 
that  body  which  he  had  previously  maintained  in  the 
council.*  It  must  be  conceded  that  his  view  of  the 
constitution  was  warranted  neither  by  its  letter  nor  its 
spirit ;  and  it  is  said  that  he  afterwards  expressed  him 
self  to  that  effect. 

Mr.  Clinton  continued  to  be  a  member  of  the  coun 
cil  after  the  return  of  his  uncle  to  the  executive  chair. 
As  such,  he  approved  of  the  removal  of  all  the  more 
important  officers  belonging  to  the  federal  party,  and 
the  substitution  of  his  political  friends  in  their  places. 
He  did  not  favor  persecution  or  proscription  for  opin 
ion's  sake  ;  but  it  was  ever  a  part  of  his  creed,  that 
official  honors  should  be  bestowed  upon  the  supporters 
of  the  appointing  power,  and  that  those  who  were  op 
posed  should  be  generally  excluded  therefrom.  Whether 
this  principle  was  right  or  wrong,  correct  or  incorrect, 
it  was  honestly  adopted  and  entertained  on  his  part, 
and  always  openly  avowed. 

While  a  member  of  the  state  senate,  in  1802,  he 
offered  a  resolution,  which  was  adopted,  proposing  an 

*  Mr.  Clinton  made  the  only  speech  of  importance  delivered  on  that 
side  of  the  question  in  the  Senate. 


224  DE    WITT    CLINTON. 

amendment  to  the  constitution  of  the  United  States, 
which  provided  for  the  division  of  each  state  into  single 
districts,  each  one  of  which  should  be  entitled  to  choose 
an  elector  of  president  and  vice-president,  and  for  the 
designation  by  every  voter,  on  his  ballot,  of  the  candi 
dates  whom  he  preferred. 

It  can  scarcely  be  said  that  De  Witt  Clinton  served 
any  apprenticeship  in  a  political  organization ;  and  to 
this  fact  may  be  attributed  the  commission  of  many  of 
those  mistakes  which  checkered  his  course.  When  he 
first  entered  public  life,  he  took  his  position  in  the  front 
rank,  as  one  of  the  leaders  of  the  republican  party. 
He  contributed  essentially  to  "the  great  triumph  of 
1800;"  and  when  General  Armstrong  resigned  his 
seat  in  the  senate  of  the  United  States,  the  general 
sentiment  of  the  republican  members  of  the  legislature 
was  directed  towards  him  as  the  fit  successor  of  the 
former  incumbent.  He  was  accordingly  elected  to  fill 
the  vacancy  on  the  4th  day  of  February,  1802,  and 
soon  after  took  his  seat  in  the  distinguished  body  to 
which  he  had  been  transferred.  In  this  new  field, 
which  demanded  talents  of  a  high  order  if  honor  or 
distinction  was  desired,  he  was  equally  conspicuous. 
He  did  not  often  participate  in  the  discussions  that 
took  place;  and  it  was  only  when  subjects  of  deep 
importance  were  being  considered,  that  his  mind  un 
locked  her  capacious  storehouses,  and  poured  forth  its 
eloquent  thoughts  and  enlarged  and  statesman-like 
views. 


DEBATE  ON  ROSS  RESOLUTIONS.        225 

His  ablest  speech  in  the  senate  was  made  in  Feb 
ruary,  1803,  in  the  debate  on  the  resolutions  of  Mr. 
Ross,  a  federal  senator  from  Pennsylvania,  authorizing 
and  requiring  the  president  to  take  immediate  posses 
sion  of  New  Orleans,  and  empowering  him  to  call  out 
thirty  thousand  -militia  to  effect  that  object.  This 
movement  was  predicated  upon  the  refusal  of  Spain  to 
permit  citizens  of  the  United  States  to  deposit  their 
goods  at  that  place,  in  accordance  with  treaty  stipula 
tions,  and  partly,  it  may  be,  on  the  belief  that  she  had 
ceded  Louisiana  to  France  from  unfriendly  motives 
towards  the  American  government.  The  republican 
friends  of  Mr.  Jefferson  regarded  this  proposition  as 
being  designed  to  embarrass  the  administration ;  but, 
irrespective  of  that  consideration,  they  opposed  it,  be 
cause  it  was  calculated,  in  their  opinion,  to  plunge  the 
country  unnecessarily,  and  when  she  was  illy  prepared, 
into  a  war  with  Spain. 

Mr.  Clinton's  speech  was  most  able,  and  he  dwelt 
particularly  upon  this  last  consideration,  and,  collateral 
thereto,  on  the  advantages  and  blessings  of  peace.  He 
deprecated  a  resort  to  arms,  and  depicted  the  horrors 
of  war  in  glowing  colors.  The  following  extracts  are 
among  the  brilliant  passages  to  be  found  in  this  speech, 
and  to  which  the  colleague  of  Mr.  Clinton,*  in  a  flatter 
ing  compliment  uttered  during  the  same  debate,  ap 
plied  the  terms  "harmonious  periods,"  "musical  tones," 
and  "  impressive  eloquence  :" 

*  Gouverneur  Morris. 

10* 

15 


226  DE    WITT    CLINTON. 

M I  shall  not  attempt  to  occupy  your  attention  by  threadbare  decla 
mation  upon  the  evils  of  war ;  by  painting  the  calamities  it  inflicts  upon 
the  happiness  of  individuals,  and  the  prosperity  of  nations.  This  ter 
rible  scourge  of  mankind,  worse  than  famine  or  pestilence,  ought  not  to 
be  resorted  to  until  every  reasonable  expedient  has  been  adopted  to 
avert  it.  When  aggressions  have  been  committed  by  the  sovereign  or 
representatives  of  the  will  of  a  nation,  negotiation  ought  in  all  cases  to 
be  first  tried,  unless  the  rights  of  self-defence  demand  a  contrary  course. 
This  is  the  practice  of  nations,  and  is  enjoined  by  the  unerring  monitor 
which  the  God  of  nature  has  planted  in  every  human  bosom.  What 
right  have  the  rulers  of  nations  to  unsheath  the  sword  of  destruction, 
and  to  let  loose  the  demons  of  desolation  upon  mankind,  whenever  ca 
price  or  pride,  ambition  or  avarice,  shall  prescribe  ?  and  are  there  no 
fixed  laws  founded  in  the  nature  of  things  which  ordain  bounds  to  the 
fell  spirit  of  revenge,  the  mad  fury  of  domination,  and  the  insatiable 
thirst  of  cupidity  ?  Mankind  have,  not  only  in  then*  individual  charac 
ter,  but  in  their  collective  capacity  as  nations,  recognized  and  avowed 
in  their  opinions  and  actions,  a  system  of  laws  calculated  to  produce  the 
greatest  happiness  of  the  greatest  number.  And  it  may  be  safely  as 
serted,  that  it  is  a  fundamental  article  of  this  code,  that  a  nation  ought 
not  to  go  to  war  until  it  is  evident  that  the  injury  committed  is  highly 
detrimental,  and  that  it  emanated  from  the  will  of  the  nation  charged 
with  the  aggression,  either  by  an  express  authorization  in  the  first  in 
stance,  or  by  a  recognition  of  it  when  called  upon  for  redress,  and  a  re 
fusal  in  both  cases  to  give  it.  A  demand  of  satisfaction  ought  to  pre 
cede  an  appeal  to  arms,  even  when  the  injury  is  manifestly  the  act  of 
the  sovereign  ;  and  when  it  is  the  act  of  a  private  individual,  it  is  not 
imputable  to  his  nation,  until  its  government  is  called  upon  to  explain 
and  redress,  and  refuses ;  because  the  evils  of  war  are  too  heavy  and 
serious  to  be  incurred  without  the  most  urgent  necessity ;  because  re 
monstrance  and  negotiation  have  often  recalled  an  offending  nation  to  a 
sense  of  justice,  and  a  performance  of  right ;  because  nations,  like  indi 
viduals,  have  their  paroxysms  of  passion,  and  when  reflection  and  rea 
son  resume  their  dominion,  will  extend  that  redress  to  the  olive-branch 
which  their  pride  will  not  permit  them  to  grant  to  the  sword ;  because 


EXTRACTS.  227 

a  nation  is  a  moral  person,  and  as  such  is  not  chargeable  with  an  offence 
committed  by  others,  or  where  its  will  has  not  been  consulted,  the  au 
thorized  conduct  of  individuals  being  never  considered  a  just  ground  of 
hostility  until  their  sovereign  refuses  that  reparation  for  which  his  right 
of  controlling  their  actions,  and  of  punishing  their  misconduct,  necessa 
rily  renders  him  responsible.  These  opinions  are  sanctioned  by  the 
most  approved  elementary  writers  on  the  laws  of  nations. 

******** 

*  A  vast  augmentation  of  our  national  debt  would  be  the  certain  con 
sequence  of  this  measure.  It  ia  a  moderate  estimate  to  say,  that  our 
annual  expenditures,  over  and  above  our  surplus  revenue,  would  be 
twenty  millions  of  dollars  ;  and  we  cannot  reasonably  expect  that  the 
war  would  continue  a  shorter  period  than  five  years.  Hence  one  hun 
dred  millions  would  be  added  to  our  debt,  and  the  great  experiment 
which  we  are  now  trying  of  extinguishing  it  In  fourteen  years  would 
certainly  fail ; — an  experiment  which  has  been  defeated  in  Europe,  by 
war  and  prodigality  ;  and  for  the  success  of  which,  in  this  country, 
every  friend  of  republican  government  looks  with  the  greatest  anxiety. 
But  this  is  not  all :  heavy  and  oppressive  taxation  would  be  necessary, 
in  order  to  pay  off  the  interest  of  the  accumulating  debt,  and  to  meet 
the  other  exigencies  of  government.  We  are  now  a  happy  nation  in 
this  respect.  Neither  the  temper  nor  the  habits  of  our  citizens  will 
patiently  submit  to  severe  burdens ;  and  happily,  the  posture  of  our 
financial  arrangements  does  not  require  them.  Give  the  rein,  however, 
to  chimerical  notions  of  war ;  embrace  the  proposition  now  submitted 
to  us  ;  and  the  weight  of  your  impositions  will  be  felt  in  every  nerve 
and  artery  of  our  political  system.  Excises,  taxes  on  houses  and  lands, 
will  be  reintroduced,  and  the  evils  of  former  administrations  will  be 
multiplied  upon  us.  But  the  mischief  will  not  stop  here :  with  the  in 
creasing  calls  for  money  from  the  people,  then-  means  to  satisfy  them 
will  be  diminished.  The  superior  naval  force  of  the  enemy  would 
cripple  our  commerce  in  every  quarter  of  the  globe.  Great  Britain 
and  Spain  hold  the  keys  of  the  Mediterranean :  we  should  therefore  be 
entirely  shut  out  of  that  sea,  unless  we  could  persuade  the  former  to 
unite  her  exertions  with  ours.  With  the  decay  of  our  commerce,  with 


228  DE    WITT    CLINTON. 

our  exclusion  from  foreign  markets,  the  labors  of  our  farmers  would  be 
palsied ;  the  skill  of  our  manufacturers  would  be  rendered  useless ;  and 
with  the  fruits  of  their  industry  perishing  on  their  hands,  or  greatly 
undersold,  how  would  they  be  able  to  meet  the  augmented  wants  of 
government  ?     What  in  the  meantime  would  become  of  the  claim  of 
our  merchants  upon  Spain,  for  at  least  five  millions  of  dollars  ?  and  to 
what  perils  would  your  commercial  cities  be  exposed  ?    These  certain 
evils  would  be  encountered,  without  ]  reducing  the  least  benefit  to  our 
western  brethren.    The  seizure  of  New  Orleans  would  vest  us  with  a 
place  of  deposit.    But  a  place  of  deposit  without  the  free  navigation  of 
the  Mississippi  would  be  entirely  useless.    As  long  as  the  enemy  holds 
the  country  below  New  Orleans,  and  possesses  a  superior  naval  force, 
so  long  we  will  be  excluded  from  the  Mississippi.    Suppose,  however, 
this  obstacle  removed;  suppose  we  are   enabled  to  pass  into  the 
Gulf,  without  molestation ;  is  it  not  necessary  for  vessels  to  hug  the 
island  of  Cuba  on  their  passage  to  the  Atlantic  states  ?  and  will  not 
this  expose  them  to  certain  capture,  as  long  as  Spain  retains  that  im 
portant  possession  ?    To  secure  the  great  object  said  to  be  aimed  at  by 
this  resolution,  and  to  establish  beyond  the  reach  of  annoyance,  a  free 
communication  between  the  Atlantic  and  western  states,  we  must  seize 
not  only  New  Orleans,  but  the  Floridas  and  Cuba ;  and  we  must  imme 
diately  create  a  formidable  navy.    It  is  needless  to  mention  that  the 
Atlantic  states  are,  with  few  exceptions,  the  carriers  of  western  pro 
duce.    Three-fourths  of  that  trade  is  managed  by  the  merchants  of  the 
state  I  have  the  honor  to  represent.    I  therefore  view  this  measure  as 
pregnant  with  great  mischief  to  the  commerce  of  Atlantic  America,  and 
as  a  certain  exclusion  of  the  western  states  from  market,  as  long  as  the 
war  shall  continue. 

"  It  is  no  slight  objection  in  the  minds  of  the  sincere  friends  of  repub 
licanism,  that  this  measure  will  have  a  tendency  to  disadjust  the  bal 
ance  of  our  government,  by  strengthening  the  hands  of  the  Executive, 
furnishing  him  with  extensive  patronage,  investing  him  with  great  dis 
cretionary  powers,  and  placing  under  his  direction  a  large  standing 
army.  It  is  the  inevitable  consequence  of  war  in  free  countries,  that 
the  power  which  wields  the  force  will  rise  above  the  power  that  ex- 


EXTRACTS.  229 

presses  the  will  of  the  people.  The  state  governments  will  also  re 
ceive  a  severe  shock.  Those  stately  pillars,  which  support  the  magni 
ficent  dome  of  our  national  government,  will  totter  under  the  increased 
weight  of  the  superincumbent  pressure.  Nor  will  the  waste  of  morals, 
the  spirit  of  cupidity,  the  thirst  of  blood,  and  the  general  profligacy  of 
manners,  which  will  follow  the  introduction  of  this  measure,  be  viewed 
by  the  great  body  of  our  citizens  without  the  most  fearful  anxiety  and 
the  most  heartfelt  deprecation.  And  if  there  are  any  persons  in  this 
country,  and  I  should  regret  if  there  are  any  such  in  this  house,  who 
think  that  a  public  debt  is  a  public  blessing,  and  that  heavy  taxation 
is  expedient  in  order  to  produce  industry;  who  believe  that  large 
standing  armies  are  essential  to  maintain  the  energy,  and  that  extensive 
patronage  is  indispensable  to  support  the  dignity,  of  government ;  who 
suppose  that  frequent  wars  are  necessary  to  animate  the  human  charac 
ter,  and  to  call  into  action  the  dormant  energies  of  our  nature ;  who 
have  been  expelled  from  authority  and  power  by  the  indignant  voice  of 
an  offended  country,  and  who  repine  and  suffer  at  the  great  and  unex 
ampled  prosperity  which  this  country  is  rapidly  attaining  under  other 
and  better  auspices — such  men,  whoever  they  are,  and  wherever  they 
be,  will  rally  round  the  proposition  now  before  us,  and  will  extol  it  to 
the  heavens,  as  the  model  of  the  most  profound  policy,  and  as  the  off 
spring  of  the  most  exalted  energy. 

"  If  I  were  called  upon  to  prescribe  a  course  of  policy  most  impor 
tant  for  this  country  to  pursue,  it  would  be  to  avoid  European  connec 
tions  and  wars.  The  time  must  arrive  when  we  will  have  to  contend 
with  some  of  the  great  powers  of  Europe ;  but  let  that  period  be  put 
off  as  long  as  possible.  It  is  our  interest  and  our  duty  to  cultivate 
peace,  with  sincerity  and  good  faith.  As  a  young  nation,  pursuing  in 
dustry  in  every  channel,  and  adventuring  commerce  in  every  sea,  it  is 
highly  important  that  we  should  not  only  have  a  pacific  character,  but 
that  we  should  really  deserve  it.  If  we  manifest  an  unwarrantable  am 
bition,  and  a  rage  for  conquest,  we  unite  all  the  great  powers  of 
Europe  against  us.  The  security  of  all  the  European  possessions  in  our 
vicinity  will  eternally  depend,  not  upon  their  strength,  but  upon  our 
moderation  and  justice.  Look  at  the  Canadas ;  at  the  Spanish  territo- 


230  DE    WITT    CLINTON. 

ries  to  the  south ;  at  the  British,  Spanish,  French,  Danish,  and  Dutch 
West  India  Islands  ;  at  the  vast  countries  to  the  west,  as  far  as  where 
the  Pacific  rolls  its  waves.  Consider  well  the  impression  which  a  mani 
festation  of  that  spirit  will  make  upon  those  who  would  be  affected  by 
it  If  we  are  to  rush  at  once  into  the  territory  of  a  neighboring  nation, 
with  fire  and  sword,  for  the  misconduct  of  a  subordinate  officer,  will  not 
our  national  character  be  greatly  injured  ?  Will  we  not  be  classed 
with  the  robbers  and  destroyers  of  mankind  ?  Will  not  the  nations  of 
Europe  perceive  in  this  conduct  the  germ  of  a  lofty  spirit,  and  an  en 
terprising  ambition,  which  will  level  them  to  the  earth,  when  age  has 
matured  our  strength,  and  expanded  our  powers  of  annoyance— unless 
they  combine  to  cripple  us  in  our  infancy  ?  May  not  the  consequences 
be,  that  we  must  look  out  for  a  naval  force  to  protect  our  commerce 
That  a  close  alliance  will  result.  That  we  will  be  thrown  at  once  into 
the  ocean  of  European  politics,  where  every  wave  that  rolls,  and  every 
wind  that  blows,  will  agitate  our  bark  ?  Is  this  a  desirable  state  of 
things  ?  Will  the  people  of  this  country  be  seduced  into  it  by  all  the 
colorings  of  rhetoric  and  all  the  arts  of  sophistry ;  by  vehement  appeals 
to  their  pride,  and  artful  addresses  to  their  cupidity  ?  No,  sir.  Three- 
fourths  of  the  American  people,  I  assert  it  boldly  and  without  fear  of 
contradiction,  are  opposed  to  this  measure.  And  would  you  take  up 
arms  with  a  millstone  hanging  round  your  neck?  How  would  you 
bear  up,  not  only  against  the  force  of  the  enemy,  but  against  the  irre 
sistible  current  of  public  opinion  ?  The  thing,  sir,  is  impossible ;  the 
measure  is  worse  than  madness :  it  is  wicked,  beyond  the  powers  of 
descriptioa  ******* 

"  If  negotiation  shall  prove  successful — and  of  this  I  have  no  doubt — 
all  the  evils  resulting  from  war  will  be  averted.  If,  on  the  contrary,  it 
shall  eventuate  unfortunately,  and  we  shall  be  compelled  to  face  all 
consequences,  and  risk  all  dangers  in  the  maintenance  of  our  national 
honor  and  national  rights,  great  and  abundant  advantages  will  still  re 
sult  from  the  pursuit  of  this  course ;  and  we  will  be  enabled  to  appeal 
to  the  sword,  with  a  full  conviction  of  the  justice  of  our  conduct ;  with 
the  unanimous  suffrage  of  our  country ;  and  to  the  perfect  satisfaction 
of  the  world.  In  the  meantime,  we  can  form  some  necessary  prepara- 


APPOINTED    MAYOR    OF    NEW    YORK.  231 

tions,  and  we  can  ascertain  the  feelings  and  bearings  of  foreign  govern 
ments.  Every  day  of  procrastination  will  find  us  better  prepared,  and 
will  give  us  more  people,  more  resources,  more  treasure,  more  force, 
with  less  debt.  Our  national  character  will  stand  high  for  moderation 
and  justice ;  our  own  citizens,  and  foreign  nations,  will  entertain  but 
one  opinion  on  the  subject ;  and  we  can  then  confidently  appeal  to  that 
great  and  good  Being,  who  holds  in  his  hands  the  destiny  of  nations,  to 
smile  upon  our  cause.  But,  if  in  the  inscrutable  decrees  of  His  provi 
dence  it  is  ordained  that  we  must  perish,  we  will  at  least  fall  with  dig 
nity,  and  maintain  our  character  when  we  lose  our  existence." 

Mr.  Clinton  supported,  generally,  the  measures  of  Mr. 
Jefferson's  administration,*  and  was  regarded  as  one 
of  the  ablest  and  most  promising,  if  not  the  most  distin 
guished  champions  of  the  republican  party  in  con 
gress.  When  he  delivered  his  sentiments  on  any  ques 
tion,  he  was  listened  to  with  marked  deference  and 
respect ;  there  were  none  of  the  tricks  or  devices  of  the 
demagogue  in  his  speeches,  but  his  views  were  elevated 
and  statesmanlike.  His  career  as  a  senator,  however, 
was  soon  closed.  He  remained  in  the  national  legis 
lature  but  two  sessions,  and  resigned  his  seat  in  the 
summer  of  1803,  in  consequence  of  his  receiving  the 
appointment  of  mayor  of  the  city  of  New  York,  as  the 

*  Although  Mr.  Clinton  was  very  friendly  to  Mr.  Jefferson,  it  was 
said  by  the  opponents  of  the  former,  (Wood's  Exposition  of  the  Clin- 
tonian  faction,  Newark,  1802,)  that  he  was  quite  cool  to  Mr.  Madison 
when  he  first  went  as  a  senator  to  Washington.  This  was  probably 
true.  Mr.  Clinton,  doubtless,  entered  into  the  feelings  of  his  uncle,  and 
identified  himself  with  his  interests.  It  was  nothing  strange,  therefore, 
if  both  were  jealous  of  Mr.  Madison, 


232  DE    WITT    CLINTON. 

successor  of  Edward  Livingston,  then  recently  ap 
pointed  United  States  district  attorney  for  the  district 
of  New  York. 

At  that  time,  the  mayoralty  was  a  most  dignified 
position,  and  it  was  sought  after  by  men  of  the  most 
elevated  standing  and  of  the  highest  order  of  talent. 
The  judicial  powers  annexed  to  the  office  were  great, 
and  the  emoluments  so  large  as  to  render  it  very  de 
sirable  in  a  pecuniary  point  of  view.  Mr.  Clinton  ac 
cepted  the  appointment  without  hesitation,  and  forth 
with  entered  upon  the  new  duties  devolved  on  him. 
At  first  blush,  it  would  seem  that  this  step  was  a  most 
injudicious  one,  and  that  Mr.  Hammond  has  properly 
censured  Mr.  Clinton,  whom  he  declares  to  have  then 
been  looking  forward  to  the  presidency,  for  retiring 
from  an  arena  so  well  fitted  to  his  talents,  and  where 
their  display  would  have  secured  him  the  applause  of 
the  nation,  to  take  part  in  the  disputes  and  dissensions 
of  opposing  factions  in  the  state  of  New  York.  Had  he 
remained  at  Washington,  it  is  urged,  he  would  soon 
have  become  known  to  the  country  at  large,  and  ob 
tained  an  influence  and  established  a  character  as  a 
statesman,  that  would  have  contributed  materially  to 
his  further  advancement.* 

Unquestionably,  De  Witt  Clinton  was  ambitious. 
Indeed,  his  desires  in  this  respect — more  particularly  at 
a  later  period  in  life — might  justly  be  considered  as  in 
ordinate.  Like  Wolsey,  perhaps, 

*  Hammond's  Political  History,  voL  i.  p.  197,  et  soq. 


REASONS    FOR    ACCEPTING    THE    MAYORALTY.       233 

"  He  was  a  man 
Of  an  unbounded  stomach ;" 

yet  it  is  as  idle  to  suppose  that  he  then  cherished  any 
presidential  aspirations,  except  with  reference  to  the 
far-off  future,  as  it  is  unjust  to  imply,  by  such  a  suppo 
sition,  that  he  could  have  been  ungrateful  to  his  vener 
able  uncle,  his  benefactor  and  friend.  A  few  words 
will  present  this  matter  in  its  true  light,  and  show  that 
it  was  to  subserve  the  political  interests  of  his  distin 
guished  relative  alone,  that  he  retired  from  a  far  more 
honorable  position,  and  accepted  the  mayoralty  of  New 
York.  It  was  said  by  the  Clintons  and  their  friends, 
that  George  Clinton  had  been  defrauded — to  use  the 
term  which  they  did  not  hesitate  to  employ — of  the 
nomination  for  the  vice-presidency,  in  1800,  by  Aaron 
Burr.  Although  they  acquiesced  in  the  decision  of  the 
congressional  caucus,  and  supported  the  republican 
nominees,  they  were  very  willing  to  avail  themselves 
of  the  course  of  Mr.  Burr,  in  respect  to  the  contest  in 
the  house  of  representatives,  in  the  winter  of  1801, 
to  prejudice  his  standing  in  the  republican  party. 
George  Clinton  was  avowedly  their  candidate  for  the 
succession  to  the  presidency ;  and  they  desired  to  ele 
vate  him  to  the  position  occupied  by  Mr.  Burr,  at  the 
next  election,  in  order  to  accomplish  the  great  object 
which  they  had  at  heart. 

Mr.  Burr  had  not  then  committed  those  indiscretions 
which  forever  alienated  from  him  the  affections  of  the 
great  mass  of  the  republicans  in  the  state  and  nation ; 


234  DE    WITT    CLINTON. 

and  in  1802  and  1803,  the  state  of  New  York  was 
constantly  agitated  by  the  fierce  contest  between  his 
friends  and  the  Clinton  interest — each  striving  to  gain 
the  permanent  ascendency,  for  the  purpose  of  making 
an  impression  at  Washington.  It  was  deemed  of  par 
amount  importance,  therefore,  that  George  Clinton 
should  have  the  voice  of  his  own  state,  whenever  his 
claims  were  again  pressed ;  and  it  was  thought  to  be 
especially  necessary,  that  the  city  of  New  York, 
which  was  the  centre  of  the  strife  and  agitation  be 
tween  the  Burrites,  on  the  one  part,  and  the  Clintons 
and  their  friends  on  the  other,  should  have  for  its  ex 
ecutive  head,  and  highest  judicial  officer,  a  person 
who  was  entirely  devoted  to  the  latter  interest. 
Without  disparaging  the  efforts  made  in  other  parts 
of  the  Union,  it  may  be  said,  with  justice,  that  that 
great  emporium  was  mainly  instrumental  in  the  eleva 
tion  of  Thomas  Jefferson  to  the  presidency,  in  1800. 
How  natural  was  it,  then,  that  a  fast  friend  of  George 
Clinton  should  be  selected  for  its  chief  magistrate ; — and 
who  was  better  adapted,  or  more  likely  to  be  chosen, 
to  fill  this  important  position,  than  his  own  nephew, 
De  Witt  Clinton  ?  Considerations,  such  as  have  been 
mentioned,  may  not  have  influenced  him  in  retaining 
this  office  for  so  many  years,  at  a  later  period ;  but  it. 
is  impossible  to  doubt,  that  he  was  originally  influenced 
by  them.  And  his  course,  in  this  respect,  so  far  from 
indicating  any  want  of  shrewdness,  as  has  been  said, 


ELECTED  TO  THE  STATE  SENATE.        235 

when  rightly  viewed,  appears  to  have  been  dictated  by 
the  most  powerful  motives  of  political  policy. 

Mr.  Clinton  continued  to  hold  the  office  of  mayor  of 
the  city  of  New  York,  by  annual  appointment,  till  the 
winter  of  1807,  when  he  was  removed  by  the  council, 
consisting  of  a  majority  of  the  friends  of  Governor 
Lewis,  to  whom  he  was  then  decidedly  opposed.  In 
the  meantime,  he  had  been  elected  to  the  state  senate, 
in  the  spring  of  1805,  by  the  republicans  of  the  south 
ern  district,  and  was  again  returned  at  the  April  elec 
tion  in  1807.  As  a  member  of  the  legislature,  Mr. 
Clinton  was  distinguished  for  the  advocacy  of  all  meas 
ures  designed  to  promote  the  welfare  of  his  fellow- 
citizens  in  their  individual  capacities,  to  further  the 
great  interests  of  science  and  promote  the  cause  of 
education,  and  to  develop  the  resources  of  the  state 
by  the  construction  of  works  of  internal  improvement. 
He  was  the  author  or  advocate  of  almost  all  the  bills  of 
this  character  which  were  introduced,  or  discussed  in 
the  senate,  while  he  continued  in  that  body ;  and  dur 
ing  the  sessions  of  1809, 1810,  and  1811,  he  brought  for 
ward  laws  "  to  prevent  kidnapping  or  the  further  intro 
duction  of  slaves,  and  to  punish  those  who  should  treat 
them  inhumanly;  for  the  support  of  the  quarantine 
establishment ;  for  the  encouragement  of  missionary 
societies ;  for  the  improvement  of  the  public  police ; 
for  the  prevention  and  punishment  of  crime  ;  for  per 
fecting  the  militia  system  ;  for  promoting  medical 
science,  and  for  endowing  seminaries  of  education." 


DE    WITT    CLINTON. 

In  the  winter  of  1806,  Mr  Clinton  was  elected  a 
member  of  the  council  of  appointment.  A  majority 
of  the  other  members  being  his  particular  friends,  and 
as  an  irreconcilable  feeling  of  hostility,  originating, 
probably,  in  mutual  jealousy,  had  sprung  up  between 
him  and  Mr.  Lewis,  who  then  occupied  the  chair  of 
state,  at  his  suggestion  a  great  many  of  the  supporters 
and  adherents  of  the  governor  were  removed  from 
office.  The  following  year  saw  the  Lewisites  all- 
powerful  in  the  council,  and  Mr.  Clinton,  as  he  must, 
doubtless,  have  anticipated,  was  ousted  from  the  may 
oralty  of  New  York,  in  a  very  natural,  if  not  justifiable, 
spirit  of  retaliation. 

Mr.  Clinton  did  not  whine  like  a  school-boy  over  his 
loss,  but  determined  to  carry  the  war  into  Africa.  He 
was  no  friend  to  half-way  measures,  and  in  politi 
cal  warfare  adopted  the  motto — "  Expedition  is  equal 
to  strength."  He  went  to  work  vigorously,  and  at  the 
April  election  in  1807  completely  changed  the  aspect 
of  affairs.  Mr.  Tompkins,  the  governor  elect,  was 
nominated  through  his  instrumentality,  and  he  was 
himself  triumphantly  re-elected  as  state  senator.  In 
February,  1808,  a  new  council  was  chosen,  composed 
of  his  friends,  by  whom  he  was  promptly  restored  to 
the  office  of  mayor.  In  1810,  he  was  again  superseded 
by  a  federal  council,  but  in  the  winter  of  1811,  he  was 
once  more  re- appointed. 

When  the  Embargo  Act,  recommended  by  Mr.  Jef 
ferson,  in  December,  1807,  was  first  passed,  Mr.  Clin- 


CANAL    COMMISSIONER.  237 

ton  was  inclined  to  oppose  it ;  and  he  officiated  as 
chairman  of  a  public  meeting  in  the  city  of  New  York, 
at  which  resolutions  were  adopted  disapproving  of  the 
law.  His  first  impressions  must  have  taken  color,  and 
derived  their  character,  to  some  considerable  extent, 
from  the  persons  around  him, — from  the  merchants, 
and  those  who  were  engaged  in  commercial  pursuits, 
in  the  city  of  New  York,  who  thought  that  the  meas 
ure  was  calculated  seriously  to  jeopard  their  interests. 
Subsequently,  he  reconsidered  his  opinion,  and  ac 
quiesced  in  the  propriety  of  the  embargo.  He  not 
only  defended  the  policy  pursued  by  Mr.  Jefferson,  but 
at  the  session  of  the  legislature  in  1809,  delivered  a 
most  violent  philippic  against  the  eastern  federalists. 

We  now  come  to  by  far  the  most  important  feature 
in  the  life  and  career  of  De  Witt  Clinton, — his  connec 
tion  with  the  internal  improvements,  and  more  particu 
larly  the  canal  system,  of  New  York.  In  the  winter 
of  1810,  a  joint  resolution  was  offered  in  the  New  York 
senate,  by  Jonas  Platt,  appointing  Gouverneur  Morris, 
De  Witt  Clinton,  Stephen  Van  Rensselaer,  Simeon  De 
Witt,  William  North,  Thomas  Eddy,  and  Peter  B. 
Porter,  commissioners  to  explore  the  whole  route  for 
inland  navigation,  from  the  Hudson  river  to  Lake  On 
tario  and  Lake  Erie.  At  this  session,  also,  a  number 
of  memorials  were  presented,  showing  that  a  great  pro 
portion  of  the  internal  trade  of  the  state  was  being  di 
verted  to  Canada,  on  account  of  the  natural  facilities 
for  water  communication  afforded  in  that  direction, 


DE    WITT    CLINTON. 

and  urging  the  importance  of  adopting  measures  to 
counteract  such  diversion.  Through  the  representa 
tions  of  Mr.  Platt  and  Mr.  Eddy — the  latter  of  whom 
had  suggested  the  introduction  of  the  resolution  before 
mentioned — De  Witt  Clinton  was  induced  to  turn  his 
attention  to  the  subject  of  constructing  a  canal  from 
the  Hudson  to  the  lakes ;  and  once  having  examined 
it,  from  that  moment  he  became  warmly  enlisted  in  its 
favor. 

The  resolution  of  Mr.  Platt  was  adopted,  and  in  the 
following  summer  the  commissioners  made  a  careful 
examination  and  reconnaissance  of  the  valley  of  the 
Mohawk  and  of  western  New  York.  Mr.  Clinton 
kept  a  journal  during  his  tour,  in  which  he  carefully 
and  minutely  noted  down  his  observations.  This  has 
been  recently  published  by  Mr.  Campbell,  in  his  Life 
and  Writings  of  De  Witt  Clinton.  It  has  already  an 
antiquarian  value,  and  no  one  at  least  interested  in  the 
history  of  that  portion  of  the  state  which  its  author 
traversed,  can  be  otherwise  than  interested  in  its  pe 
rusal. 

Personal  examination  of  the  ground,  and  inspection 
of  the  water-courses  between  the  Hudson  and  the  lakes, 
convinced  Mr.  Clinton  and  his  associates  of  the  prac 
ticability  of  the  projected  enterprise.  Their  conclusions 
were  submitted  to  the  legislature  of  the  state,  in  a  re 
port  drawn  up  by  Mr.  Morris,  and  presented  at  the 
session  of  1811.  They  estimated  the  cost  of  the  con 
templated  work  at  five  millions  of  dollars,  and  recom- 


SERVICES    AS    CANAL    COMMISSIONER.  239 

mended  that  its  construction  should  be  offered  to  the 
general  government.  The  legislature  shortly  after 
wards  passed  a  law,  prepared  by  Mr.  Clinton  and  sup 
ported  by  him  and  Mr.  Platt  with  great  earnestness, 
authorizing  the  commissioners  appointed  at  the  previ 
ous  session,  with  Robert  Fulton  and  Robert  R.  Living 
ston,  to  consider  all  matters  relative  to  the  inland  navi 
gation  of  the  state  ;  to  make  application  to  the  general 
government,  and  to  any  of  the  states  or  territories,  for 
aid  or  co-operation ;  to  accept  of  donations  from  indi- 
dividuals  or  companies  ;  and  to  ascertain  on  what 
terms  loans  could  be  obtained,  and  at  what  price  the 
rights  of  the  Western  Inland  Lock  Navigation  Com 
pany  could  be  purchased.  De  Witt  Clinton  and 
Gouverneur  Morris  were  subsequently  appointed  by 
the  board  a  sub-committee  to  visit  Washington.  They 
repaired  thither,  and  laid  the  whole  subject  before  the 
president,  the  heads  of  departments,  and  the  leading 
and  most  influential  members  of  congress  of  both  po 
litical  parties.  They  failed  to  obtain  any  assistance, 
however,  and  were  not  flattered  even  with  the  hope  of 
future  encouragement.  Consequently,  they  returned 
home  to  acquaint  the  legislature  which  had  appointed 
them,  of  their  ill-success. 

By  reason  of  his  partial  opposition  to  the  Embargo 
Act,  Mr.  Clinton  had  temporarily  lost  caste  with  the 
republicans  of  New  York  ;  but  his  subsequent  approval 
of  that  measure  restored  him  to  favor,  and  he  con 
tinued  thereafter  to  be  regarded  as  the  great  leader  and 


240  DE    WITT    CLINTON. 

head  of  the  party.  At  the  legislative  caucus,  in  the 
winter  of  1810,  at  which  Daniel  D.  Tompkins  was 
nominated  for  re-election,  he  was  particularly  active, 
and  prepared  the  address,  recommending  the  support 
of  the  candidates  nominated,  which  was  adopted  on 
that  occasion.  In  the  month  of  August  of  the  same 
year,  the  office  of  lieutenant-governor  became  vacant, 
by  the  death  of  John  Broome,  the  incumbent ;  and  at 
the  ensuing  session  of  the  legislature,  a  special  act  was 
passed,  authorizing  the  vacancy  to  be  filled.  Mr. 
Clinton  now  had  everything  in  his  own  way,  and  he 
had  but  to  express  a  wish  for  a  nomination,  when  it 
was  immediately  gratified. 

He  was  nominated  with  almost  entire  unanimity,  by 
the  republican  legislative  caucus,  as  their  candidate 
for  lieutenant-governor,  and  was  duly  chosen  to  that 
office,  at  the  April  election  in  1811,  by  a  large  ma 
jority  over  Nicholas  Fish,  the  opposing  federal  candi 
date.  In  the  city  of  New  York,  and  in  some  of  the 
adjacent  counties,  a  third  ticket,  on  which  was  placed 
the  name  of  Marinus  Willett,  was  supported  by  the 
Lewisite  opponents  of  Mr.  Clinton ;  but  it  received  a 
comparatively  small  number  of  votes. 

In  December,  1811,  Mr.  Clinton  read,  before  the 
New  York  Historical  Society,  upon  their  invitation,  an 
address,  on  the  origin,  history,  and  character  of  the 
Iroquois,  or  Six  Nations.  This  is  one  of  the  ablest  and 
most  elaborate  productions  that  ever  emanated  from  his 
pen.  The  whole  discourse  should  be  read,  in  order  to 


ADDRESS    ON    THE    IROCIUOIS.  241 

appreciate  it  as  it  deserves ;  but  the  subjoined  extract 
may  serve  to  give  some  idea  of  its  excellence : — 

"  From  the  Genesee  river  to  Lewiston,  on  the  Niagara  river,  there  is 
a  remarkable  ridge  or  elevation  of  land,  running  almost  the  whole  dis 
tance,  which  is  seventy-eight  miles,  and  in  a  direction  from  east  to  west. 
Its  general  altitude  above  the  neighboring  land  is  thirty  feet,  and  its 
width  varies  considerably :  in  some  places  it  is  not  more  thai?  forty 
yards.  Its  elevation  above  the  level  of  Lake  Ontario  is  perhaps  one 
hundred  and  sixty  feet,  to  which  it  descends  by  a  gradual  slope  ;  and 
its  distance  from  that  water  is  between  six  and  ten  miles.  This  re 
markable  strip  of  land  would  appear  as  if  intended  by  nature  for  the 
purpose  of  an  easy  communication.  It  is,  in  fact,  a  stupendous  natural 
turnpike,  descending  gently  on  each  side,  and  covered  with  gravel ;  and 
but  little  labor  is  requisite  to  make  it  the  best  road  in  the  United  States. 
When  the  forests  between  it  and  the  lake  are  cleared,  the  prospects 
and  scenery  which  will  be  afforded  from  a  tour  on  this  route  to  the 
cataract  of  Niagara,  will  surpass  all  competition  for  sublimity  and 
beauty,  variety  and  number. 

"  There  is  every  reason  to  believe,  that  this  remarkable  ridge  was  the 
ancient  boundary  of  this  great  lake.  The  gravel  with  which  it  is  cov 
ered  was  deposited  there  by  the  waters ;  and  the  stones  everywhere 
indicate,  by  their  shape,  the  abrasion  and  agitation  produced  by  that 
element  All  along  the  borders  of  the  western  rivers  and  lakes,  there 
are  small  mounds  or  heaps  of  gravel,  of  a  conical  form,  erected  by  the 
fish  for  the  protection  of  their  spawn ;  these  fish-banks  are  found  in  a 
state  that  cannot  be  mistaken,  at  the  foot  of  the  ridge,  on  the  side  to- 
wards  the  lake ;  on  the  opposite  side  none  have  been  discovered.  All 
rivers  and  streams  which  enter  the  lake  from  the  south,  have  their 
mouths  affected  with  sand  in  a  peculiar  way,  from  the  prevalence  and 
power  of  the  north-westerly  winds.  The  points  of  the  creeks  which 
pass  through  this  ridge,  correspond  exactly  in  appearance  with  the^  en 
trance  of  the  streams  into  the  lakes.  These  facts  evince,  beyond  doubt, 
that  Lake  Ontario  has,  perhaps  one  or  two  thousand  years  ago,  receded 
from  this  elevated  ground.  And  the  cause  of  this  retreat  must  be  as- 

11 


342  DE   WITT    CLINTON. 

cribed  to  its  having  enlarged  its  former  outlet,  or  to  its  imprisoned 
waters  (aided,  probably,  by  an  earthquake,)  forcing  a  passage  down  the 
present  bed  of  the  St.  Lawrence  ;  as  the  Hudson  did  at  the  Highlands, 
and  the  Mohawk  at  the  Little  Falls.  On  the  south  side  of  this  great 
ridge,  its  vicinity,  and  in  all  directions  through  this  country,  the  remains 
of  numerous  forts  are  to  be  seen ;  but  on  the  north  side,  that  is,  on  the 
side  toward  the  lake,  not  a  single  one  has  been  discovered,  although  the 
whole  ground  has  been  carefully  explored.  Considering  the  distance  to 
be,  say  seventy  miles  in  length,  and  eight  in  breadth,  and  that  the  bor 
der  of  the  lake  is  the  very  place  that  would  be  selected  for  habitation, 
and  consequently  for  works  of  defence,  on  account  of  the  facilities  it 
would  afford  for  subsistence,  for  safety,  for  all  domestic  accommodations 
and  military  purposes ;  and  that  on  the  south  shores  of  Lake  Erie  these 
ancient  fortresses  exist  in  great  number ;  there  can  be  no  doubt  but 
that  these  works  were  erected,  when  this  ridge  was  the  southern  boun 
dary  of  Lake  Ontario,  and,  consequently,  that  their  origin  must  be 
sought  in  a  very  remote  age. 

"  A  great  part  of  North  America  was  then  inhabited  by  populous 
nations,  who  had  made  considerable  advance  in  civilization.  These  nu 
merous  works  could  never  have  been  supplied  with  provisions,  without 
the  aid  of  agriculture.  Nor  could  they  have  been  constructed  without 
the  use  of  iron  or  copper ;  and  without  a  perseverance,  labor,  and  de 
sign,  which  demonstrate  considerable  progress  in  the  arts  of  civilized 
life.  A  learned  writer  has  said,  '  I  perceive  no  reason  why  the  Asiatic 
North  might  not  be  an  offidna  virorum,  as  well  as  the  European.  The 
over-teeming  country  to  the  east  of  the  Riphsean  mountains,  must  find 
it  necessary  to  discharge  its  inhabitants.  The  first  great  wave  of 
people  was  forced  forward  by  the  next  to  it,  more  tumid  and  more 
powerful  than  itself:  successive  and  new  impulses  continually  arriving, 
short  rest  was  given  to  that  which  spread  over  a  more  eastern  tract ; 
disturbed  again  and  again,  it  covered  fresh  regions.  At  length,  reach 
ing  the  farthest  limits  of  the  old  world,  it  found  a  new  one,  with  ample 
space  to  occupy,  unmolested,  for  ages.'*  After  the  north  of  Asia  had 

*  Pennant's  Arctic  Zoology,  vol.  i.  p.  260. 


EXTRACT.  243 

thus  exhausted  its  exuberant  population  by  such  a  great  migration,  it 
•would  require  a  very  long  period  of  time  to  produce  a  co-operation  of 
causes,  sufficient  to  effect  another.  The  first  mighty  stream  of  people 
that  flowed  into  America,  must  have  remained  free  from  external  pres 
sure  for  ages.  Availing  themselves  of  this  period  of  tranquillity,  they 
would  devote  themselves  to  the  arts  of  peace,  make  rapid  progress  in 
civilization,  and  acquire  an  immense  population.  In  course  of  time,  dis 
cord  and  war  would  rage  among  them,  and  compel  the  establishment 
of  places  of  security.  At  last,  they  became  alarmed  by  the  irruption 
of  a  horde  of  barbarians,  who  rushed  like  an  overwhelming  flood  from 
the  north  of  Asia,— 

A  multitude,  like  which  the  populous  north 
Pour'd  never  from  her  frozen  loins,  to  pass 
Rhene  or  the  Danaw,  when  her  barb'rous  sons 
Came  like  a  deluge  on  the  south,  and  spread 
Beneath  Gibraltar  to  the  Lybian  sands.* 

**  The  great  law  of  self-preservation  compelled  them  to  stand  on  their 
defence,  to  resist  these  ruthless  invaders,  and  to  construct  numerous 
and  extensive  works  for  protection.  And  for  a  long  series  of  years  the 
scale  of  victory  was  suspended  in  doubt,  and  they  firmly  withstood  the 
torrent :  but  like  the  Romans,  in  the  decline  of  their  empire,  they  were 
finally  worn  down  and  destroyed  by  successive  inroads  and  renewed 
attacks.  And  the  fortifications  of  which  we  have  treated  are  the  only 
remaining  monuments  of  these  ancient  and  exterminated  nations.  This 
is,  perhaps,  the  airy  nothing  of  imagination,  and  may  be  reckoned  the 
extravagant  dream  of  a  visionary  mind :  but  may  we  not,  considering 
the  wonderful  events  of  the  past  and  present  times,  and  the  inscrutable 
dispensations  of  an  over-ruling  Providence,  may  we  not  look  forward 
into  futurity,  and  without  departing  from  the  rigid  laws  of  probability, 
predict  the  occurrence  of  similar  scenes,  at  some  remote  period  of  time. 
And,  perhaps,  in  the  decrepitude  of  our  empire,  some  transcendent 
genius,  whose  powers  of  mind  shall  only  be  bounded  by  that  impene- 

*  Milton's  Paradise  Lost,  book  i.  line  351. 


244  »E   WITT    CLINTON. 

frable  circle  which  prescribes  the  limits  of  human  nature,*  may  ratty 
the  barbarous  nations  of  Asia  under  the  standard  of  a  mighty  empire 
following  the  track  of  the  Russian  colonies  and  commerce  toward  the 
north-west  coast,  and  availing  himself  of  the  navigation,  arms,  and 
military  skill  of  civilized  nations,  he  may,  after  subverting  the  neigh 
boring  despotisms  of  the  old  world,  bend  his  course  toward  European 
America.  The  destinies  of  our  country  may  then  be  decided  on  the 
waters  of  the  Missouri,  or  the  banks  of  Lake  Superior.  And  if  Asia 
shall  then  revenge  upon  our  posterity  the  injuries  we  have  inflicted  on 
her  sons,  a  new,  a  long,  and  a  gloomy  night  of  Gothic  darkness  will 
set  in  upon  mankind.  And  when,  after  the  efflux  of  ages,  the  returning 
effulgence  of  intellectual  light  shall  again  gladden  the  nations,  then 
the  wide-spread  ruins  of  our  cloud- capp'd  towers,  of  our  solemn 
temples,  and  of  our  magnificent  cities,  will,  like  the  works  of  which 
we  have  treated,  become  the  subject  of  curious  research  and  elaborate 
investigation." 

Since  the  address,  from  which  the  foregoing  extract 
is  taken,  was  delivered,  the  examinations  made  by 
Squier,  Davis,  and  others,  the  geological  survey  of 
this  state,  and  the  learning  and  philosophical  investi 
gation  of  Schoolcraft  and  Gallatin,  have  added  a  great 
deal  to  our  stock  of  knowledge  respecting  the  ancient 
proprietors  of  the  land  which  we  inhabit;  yet  eth 
nology,  so  far  as  it  concerns  the  American  aborigines 
even,  is  still  a  conjectural  science.  Many  of  the  spec 
ulations  of  Mr.  Clinton  have  been  shown  to  be  errone 
ous,  though  others  seem  to  be  confirmed  by  irrefragable 
testimony ;  nevertheless,  the  early  history  of  the  coun 
try,  in  great  part,  remains  involved  in  the  mists  of  ob 
scurity.  Here  and  there  are  glimpses  of  sunlight,  but 

*  Roscoe's  Lorenzo  de  Medici,  p.  241. 


THE    CLINTONS    AND    LIVINGSTONS. 


245 


they  merely  serve  to  render  the  surrounding  darkness 
deeper  and  more  palpable. 

We  now  approach  the  turning  point  in  the  political 
fortunes  of  Mr.  Clinton,  the  crisis  of  a  career  more  bril 
liant  in  its  promise  and  in  its  deserts,  than  in  its  results ; 
for,  viewed  in  his  character  as  a  politician,  his  nomina 
tion  for  the  presidency  in  opposition  to  Mr.  Madison, 
was  the  great  error  of  his  life.  Though  he  afterward 
rose  to  higher  stations  than  he  had  yet  filled,  and  en 
joyed,  at  intervals,  a  much  larger  share  of  popular  fa 
vor  ;  it  was  rather  as  a  public  benefactor,  than  as  the 
leader  of  a  political  party,  that  he  was  thus  honored, 
and  his  popularity  was  more  confined  to  the  state  and 
less  national. 

As  has  been  seen,  the  rival  families  of  the  Clintons 
and  the  Livingstons,  for  a  long  time  gave  character  to 
the  politics  of  New  York.  Though  their  contests  were 
not  as  bloody  as  those  of  the  Montagues  and  Capulets, 
they  were  often  marked,  considering  the  age,  by  equal 
virulence  and  animosity.  Both  Mr.  Jefferson  and  Mr. 
Madison,  it  would  seem,  were  more  friendly  to  the 
Livingstons  than  to  the  Clintons ;  the  former,  prob 
ably,  because  of  his  long  intimacy  and  acquaintance 
with  the  chancellor,  and  the  latter,  for  the  reason, 
that  the  Clintons  were  originally  ultra  anti-federalists, 
and,  as  such,  had  zealously  opposed  the  adoption  of 
the  federal  constitution,  of  which  he  had  been  justly 
termed  the  father.  It  may  well  be  also,  that  Mr.  Mad 
ison  was  influenced,  to  some  extent,  by  jealousy  of 


24C  DE    WITT    CLINTON. 

the  popularity  of  the  Clintons  in  New  York — for  poli 
ticians  are  no  more  exempt,  perhaps  less  so,  from  such 
feelings,  than  other  men ;  and  that  he  hoped,  by  favor 
ing  the  Livingstons,  to  keep  up  the  hostility  that  ex 
isted  between  the  two  factions  of  the  dominant  party 
in  so  important  a  state,  and  thus  his  own  political  for 
tunes  would  be  made  more  secure. 

Whatever  may  have  been  the  cause,  it  is  certain 
that  the  Clinton  family  were  never  very  warm  in  their 
attachment  to  Mr.  Madison,  and  after  the  selection  of 
the  latter,  in  1808,  as  the  republican  candidate  for  the 
presidency  in  preference  to  George  Clinton,  the  com 
mon  danger, — for  the  federalists  were  still  a  powerful 
party, — alone  prevented  a  rupture.  When  New  York 
came  to  choose  her  electors  in  November  of  that  year, 
the  family  and  intimate  friends  of  George  Clinton  de 
sired  that  such  persons  should  be  chosen  as  would  give 
the  vote  of  the  state  to  him  for  president ;  not  with 
a  hope  of  securing  his  election  to  that  high  office,  but, 
more  probably,  in  order  to  show  what  was  thought  to 
be  a  proper  resentment.  Their  counsels  did  not  pre 
vail,  however,  and  electors  were  chosen  without  re 
gard  to  their  particular  preferences,  some  of  whom 
gave  their  votes  to  Mr.  Clinton,  when  they  saw  it  would 
not  affect  the  general  result. 

In  his  appointments  to  office,  Mr.  Madison  favored 
the  opponents  of  the  Clinton  interest,  and  the  breach 
between  them,  though  yet  only  of  a  personal  rather 
than  of  a  political  character,  gradually  became  wider 


FEELINGS    TOWARD    MR.    MADISON.  247 

and  wider.  De  Witt  Clinton  warmly  resented  the  al 
leged  injustice  which  had  been  done  to  his  uncle,  and 
openly  censured  "  the  Virginia  Dynasty,"  as  he  termed 
the  confidential  friends  of  Mr.  Madison.  He,  in  turn, 
was  attacked  by  the  administration  papers  in  Virginia 
and  at  the  capital ;  and  when,  upon  the  death  of  his 
uncle,  his  high  standing  and  talents  placed  him  at  the 
head  of  the  faction  to  which  he  belonged — a  position 
that  he  had  before  practically  occupied — his  course 
and  conduct  were  criticised  in  no  friendly  manner  by 
the  especial  favorites  and  adherents  of  the  president. 
That  he  may  have  given  cause  for  this  harshness,  is 
quite  probable ;  he  was  ardent  in  his  resentments  as  in 
his  friendships,  and  he  did  not  stop  to  select  the  mildest 
terms  when  expressing  his  feelings  of  indignation. 

The  opposition  to  Mr.  Clinton  in  the  republican 
party,  had  its  origin  and  centre  mainly  in  the  city  of 
New  York.  Here  were  a  majority  of  those  holding 
the  more  prominent  offices  in  the  state  under  the  gene 
ral  government,  and  their  influence,  from  being  un 
friendly,  became  decidedly  hostile,  to  him.  There 
were,  also,  leading  republicans  in  other  sections  of  the 
state  among  the  warmest  of  his  opponents ;  yet  up  to 
the  time  of  which  we  are  speaking,  he.  if  any  one,  was 
the  leader  and  head  of  the  party,  and  his  voice  and  his 
wishes  were  regarded,  above  all  others,  in  the  council 
of  appointment,  during  the  earlier  years  of  Governor 
Tompkins'  administration.  Mr.  Clinton  was  unable, 
indeed,  to  attach  the  governor  to  his  interest ;  but  the 


248  DE    WITT    CLINTON. 

latter,  though  opposed  to  his  nomination  as  lieutenant- 
governor,  dared  not  take  ground  against  him.  Coin 
ciding  in  sentiment  with  Governor  Tompkins,  though 
more  open  in  the  expression  of  their  hostility,  were 
Morgan  Lewis,  the  late  governor,  Nathan  Sanford,  and 
the  Livingston  family. 

Mr.  Clinton  himself  was  not  without  able  friends  and 
supporters.  Prominent  among  them  was  Judge  Spen 
cer,  ever  since  1798  his  "jidus  Achates"  and  now  in 
timately  connected  with  him  by  marriage.*  The 
Judge  had  considerable  of  the  hauteur  of  Mr.  Clinton, 
and,  like  him,  was  loth  to  recognize  the  right  of  the 
rank  and  file  of  the  party  to  criticise  his  plans,  or  to 
differ  with  him  in  opinion ;  but  he  possessed  far  more 
shrewdness  as  a  politician  than  his  friend,  was  better 
schooled  in  the  study  of  human  nature,  and  easier  in 
his  manners  and  more  courteous  in  his  address.  He 
was  always  a  warm  friend,  but  a  most  bitter  enemy ; 
and  as  he  advanced  in  years,  the  equability  of  his  tem 
perament  was  much  more  easily  disturbed.  His  high 
talents  commanded  general  respect  and  admiration, 
and  his  ability  and  impartiality  on  the  bench  were  com 
mended  by  every  one.  At  one  period,  too,  he  stood 
second  only  to  De  Witt  Clinton  in  the  estimation  of 
the  republican  party  of  New  York,  and  after  the  presi 
dential  canvass  of  1812,  up  to  the' year  1816,  he  was  the 
acknowledged  leader  of  the  Madisonian  republicans. 

Mr.  Hammond,  in  his  Political  History,  has  repeat- 
*  The  second  wife  of  Judge  Spencer  was  a  sister  of  De  Witt  Clintoa 


JUDGE    SPENCER.  249 

edly  charged  Judge  Spencer  with  being  actuated  by 
improper  or  corrupt  motives,  in  his  course  as  a  poli 
tician.*  These  charges,  it  is  almost  needless  to  say, 
are  both  ungenerous  arid  unjust.  Judge  Spencer  was 
a  warm  partisan,  but  few  politicians  had  a  higher 
sense  of  honor  than  himself.  He  was,  indeed,  intoler 
ant  and  overbearing,  but  these  feelings  were  oftener 
manifested  toward  those  who  disagreed  with  him  in  his 
own  party  than  toward  his  and  their  political  oppo 
nents.  He  could  not  look  with  complacency  on  the 
young  men  who  claimed,  or  whose  friends  claimed  for 
them,  an  equal  standing  in  the  party,  and  when  forced 
to  come  in  competition  with  them,  he  withdrew  from 
the  contest.  In  his  retirement  he  could  not  forget  his 
disappointments,  and  his  language,  when  alluding  to 
those  who  had  crossed  his  purposes,  was  sometimes  as 
bitter  as  the  venom  of  the  serpent.  Aristocratic  in  his 
nature,  he  could  not  sympathize  with  the  progressive- 
ism  of  the  day ;  and  while  cautious  and  far-seeing  men 
regarded  its  vagaries  with  regret,  he  viewed  them  with 
abhorrence.  Yet,  aside  from  his  talents,  and  the 
charms  of  his  conversation,  enriched  as  they  were  with 
the  experience  and  the  acquirements  of  half  a  century, 
he  possessed  many  attractive  and  kindly  qualities ;  his 
motives  were  as  honest  as  those  of  any  of  his  political 
cotemporaries,  and  purity  and  blamelessness  of  life 
were  crowning  glories  in  his  character. 

*  VoL  i.  pp.  182,  307,  332,  et  aL— See,  also,  Defence  of  Judge 
Spencer,  1843. 

11* 


250  DE    WITT    CLINTON. 

In  Judge  Spencer,  Mr.  Clinton  found  a  most  efficient 
coadjutor,  and  when  acting  together,  they  were  all- 
powerful  in  the  state  of  New  York.  But  the  latter 
had  an  unusual  share  of  self-confidence,  notwithstand 
ing  his  diffidence  of  manner;  that  is,  he  did  not  place 
a  very  high  estimate  on  the  opinions  of  his  friends  when 
conflicting  with  his  own.  He  was  not  formed  to  be 
led  or  influenced :  if  their  advice  pleased  him,  it  was 
well  enough,  but  if  disagreeable,  he  was  inclined  to 
suspect  their  fidelity,  though  there  really  existed  no 
cause  for  the  suspicion. 

De  Witt  Clinton  was  no  tactician ;  he  knew  but 
little  of  the  strategy  of  political  warfare ;  and  he 
affected  to  treat  with  contempt — and,  perhaps,  the  feel 
ing  was  often  genuine — the  efforts  of  his  personal  ene 
mies  to  weaken  his  influence  and  undermine  his  popu 
larity.  He  underrated  equally  their  importance,  and 
the  importance  of  securing  or  strengthening  his  posi 
tion.  The  Livingston  interest,  now  represented  by 
Ex-Governor  Lewis,  and  the  Martling  men,  or  Madi- 
sonian  republicans  in  the  city  of  New  York, — at  the 
head  of  whom  was  the  father-in-law  of  Governor 
Tompkins, — were  constantly  at  work  to  destroy  him  as 
a  public  man  ;  but  he  seemed  for  a  long  time  to  be  in 
different  to  their  movements.  While  he  dispensed  the 
official  patronage  of  the  state,  this  mattered  little ;  but 
as  Governor  Tompkins  grew  stronger  in  the  affections 
of  his  party,  he  began  to  be  regarded  more  and  more 
as  the  appointing  power,  until  at  length  he  supplanted 


POLITICAL    COURSE.  251 

Mr.  Clinton  almost  entirely  in  this  respect.  The  elec 
tion  of  the  latter  to  the  office  of  lieutenant-governor, 
though  it  brought  him  no  power,  kept  him  conspicu 
ously  before  the  public,  and  afforded  him  the  oppor 
tunity  of  mingling  and  associating  with  their  repre 
sentatives  at  the  seat  of  government,  without  being 
suspected  of  having  any  ulterior  designs  in  contempla 
tion  ;  yet,  after  all,  it  did  not  restore  him  to  the  van 
tage-ground  he  had  once  occupied.  This  was  lost 
when  Mr.  Tompkins  was  elected  governor ;  for  Mr. 
Clinton,  doubtless,  supposed  that  the  former  would  be 
willing  to  consult  his  interests  and  to  further  his  aspira 
tions.  In  this  he  was  mistaken.  That  gentleman  had 
no  sooner  been  inaugurated,  than  it  became  evident 
he  was  not  the  man  to  be  put  in  leading  strings.  He 
at  once  set  up  for  himself;  the  influence  of  the  gene 
ral  administration  was  exerted  in  his  behalf;  and  it 
required  the  most  powerful  efforts  of  Mr.  Clinton, 
when  fully  awakened  to  a  sense  of  his  danger,  to 
maintain  himself  in  anything  like  a  respectable  posi 
tion  in  regard  to  popularity. 

It  will  be  remembered,  that  Mr.  Clinton  was  at  first 
opposed  to  the  embargo  act.  He  was  not  at  all  in 
clined  to  favor  the  restrictive  policy  of  Jefferson  and 
Madison,  and  especially  for  the  reason,  that  it  operated 
with  peculiar  severity  upon  the  commercial  classes  in 
the  middle  and  eastern  states.  Other  prominent  and 
influential  republicans — those,  too,  who  enjoyed  the 
confidence  of  both  those  eminent  statesmen — took  the 


252  DE   WITT    CLINTON. 

same  ground  with  Mr.  Clinton.  But  while  they  were 
respected  for  their  independence,  he  was  charged,  with 
opposing  the  administration  merely  for  the  sake  of  op 
position.  Further  reflection  convinced  him  that,  harsh 
and  oppressive  as  was  the  restrictive  policy  in  some 
instances,  it  was  absolutely  necessary  ;  and  in  January, 
1809,  he  offered  his  resolutions  in  the  state  senate,  ap 
proving  of  the  measures  of  the  national  administra 
tion,  and  supported  them  in  an  able  speech. 

It  has  been  intimated,  that  this  movement  on  the 
part  of  Mr.  Clinton  was  made  in  the  hope,  or  with  the 
expectation,  that  it  would  bring  about  the  desired  en 
tente  cordiale  between  him  and  the  friends  of  Mr. 
Madison.  This  is  not  probable.  On  the  contrary,  it 
must  have  been  his  chief  object  to  set  himself  right 
with  the  mass  of  the  party.  Among  his  personal 
friends  were  Gouverneur  Morris,  Stephen  Van  Rensse- 
laer,  and  Samuel  Jones,  all  leading  federalists.  He 
never  took  any  pains  to  conceal  his  intimacy  with 
them,  or  with  others  of  similar  political  sentiments, 
many  of  whom  there  were,  that  he  admitted  to  his 
friendship;  and  his  enemies  predicated  upon  it  the 
plausible  charge,  that  he  was  coquetting  with  the  fede 
ralists. 

But  political  considerations  had  very  little  to  do  with 
his  private  friendships — if  anything,  too  little  for  his 
success  in  public  life.  He  was  supported  for  the  presi 
dency,  it  is  true,  in  1812,  by  the  federal  party,  but  he 
never  adopted  their  political  creed.  No  matter  who 


OPPOSITION    OF    MARTLING    MEN.  253 

gave  him  their  votes — what  men  or  what  party — he 
was  none  the  less  a  republican.  As  such  he  lived,  and 
as  such  he  died.  It  was  natural  that  he  should  wish  to 
disabuse  his  republican  friends,  of  the  opinions  unfa 
vorable  to  his  integrity  as  a  politician,  which  had  been 
widely  spread  through  the  instrumentality  of  the  Mart- 
ling  men.  This  he  attempted  to  do  by  his  speech  and 
resolutions.  In  the  former,  perhaps,  he  went  farther 
than  was  necessary,  for  he  attacked  the  federalists  with 
great  asperity.  He  charged  them  with  plotting  the 
dissolution  and  overthrow  of  the  Union,  with  opposing 
the  measures  of  the  administration,  both  to  render  it 
unpopular  and  the  government  odious.  He  averred 
that,  so  long  as  they  were  unable  to  wield  the  power 
of  which  they  had  been  deprived,  and  to  control  the 
destinies  of  the  country,  they  preferred  its  ruin;  and 
he  closed  his  eloquent,  but  scorching  denunciations, 
with  declaring  that,  like  the  apostate  angel,  they  had 
rather  "  reign  in  hell,  than  serve  in  heaven." 

The  speech  of  Mr.  Clinton  drew  upon  him  the  fier 
cest  fire  of  the  federal  leaders  in  the  legislature,  and 
when  once  attacked,  the  sympathies  of  his  own  party 
were  generally  aroused  in  his  favor.  But  it  seemed  as 
if  he  could  do  nothing  that  would  satisfy  the  leaders 
of  the  faction  opposed  to  him.  His  approbation  of  the 
policy  of  the  administration  had  been  declared  in  the 
strongest  terms ;  yet  that  did  not  content  them,  and  he 
was  charged  with  being  secretly  hostile  to  Mr.  Madison. 
After  his  frank  and  decided  avowal  of  his  sentiments 


254  DE    WITT    CLINTON. 

in  1809,  his  friends  seemed  to  gather  new  courage,  and 
to  increase  in  numbers.  In  the  southern  district,  where 
he  resided,  they  were  much  more  numerous  than  the 
opposing  faction,  and  in  other  districts  their  preponder 
ance  was  still  greater. 

But  what  the  Martling  men  lacked  in  numbers  they 
made  up  in  zeal.  Their  attacks  were  not  only  not  in 
termitted,  but  they  were  continued  with  even  greater 
earnestness.  All  throughout  the  years  1810  and  1811, 
they  were  exceedingly  active  and  bitter  in  their  oppo 
sition.  They  did  everything  that  was  possible  to  pre 
vent  his  nomination  for  lieutenant-governor,  and  sub 
sequently  labored,  though  in  vain,  to  defeat  his  election 
at  the  polls.  Every  act  of  his  was  misrepresented,  and 
if  he  took  the  pains  at  any  time  to  avow  his  motives, 
for  fear  of  misconstruction,  they  were  sure  to  be  stig 
matized  as  false  and  deceitful.  When  he  engaged  in 
the  canal  project,  it  was  said  that  his  only  object  was 
popularity,  and  when  he  visited  Washington,  in  1811, 
to  secure  the  assistance  of  the  general  government,  it 
was  openly  charged  that  he  had  gone  on  an  election 
eering  tour. 

Meanwhile,  Mr.  Clinton  was  not  altogether  idle  nor 
indifferent  to  the  movements  of  his  opponents.  Some 
times  he  turned  boldly  upon  them,  and  poured  out  his 
volleys  of  indignation  ;  but  he  soon  relapsed  again  into 
his  accustomed  indifference ;  and  while  buried  in  the 
solitude  of  his  study,  enjoying  those  hours  of  relaxation 
from  worldly  cares,  which  so  delighted  his  heart,  his 


AMBITIOUS    HOPES.  255 

enemies  were  constantly  upon  his  track.  Calumny 
always  flourishes  by  what  it  feeds  on ;  like  the  gnaw 
ing  tooth  of  time,  its  effects  may  long  remain  invisible, 
but  sooner  or  later,  the  most  spotless  reputation  will  be 
injured,  if  not  destroyed.  Mr.  Clinton  was  not  invul 
nerable.  He  often  invited  attack  by  his  overbearing 
manner,  and  his  untimely  denunciations.  He  lacked 
caution  in  speech  and  in  action.  He  was  intolerant 
and  exacting,  also,  and  unnecessarily  alienated  from 
himself  many  friends  whose  services  he  needed. 

Long  before  the  presidential  canvass  of  1812,  it  was 
said  by  the  enemies  of  Mr.  Clinton  that  his  aspirations 
were  raised  to  the  highest  office  in  the  gift  of  the 
American  people.  If  such  was  his  ambition,  it  was  no 
"grievous  fault,"  but  in  every  way  worthy  of  one 
whose  character  and  talents  fitted  him  to  adorn  any 
station.  But  it  is  a  mistake  to  suppose,  as  Mr.  Ham 
mond  repeatedly  intimates  in  his  Political  History,  that 
the  hopes  of  Mr.  Clinton  were  so  early  fixed  upon  the 
presidency,  except  as  something  that  might  be  attained 
at  a  distant  day.  During  the  administration  of  Mr- 
Jefferson,  the  efforts  of  himself  and  of  his  friends  were 
directed  to  the  elevation  of  his  uncle  to  the  presidential 
chair;  and  these  efforts  were  never  intermitted  till 
shortly  before  the  death  of  the  elder  Clinton,  and  when 
his  advanced  age,  and  consequent  infirmities,  admon 
ished  them  that  his  political  career,  with  his  life,  was 
rapidly  drawing  to  a  close. 

It  was  nothing  strange  that  De  Witt  Clinton  should 


256  DE    WITT    CLINTON. 

have  become  impressed  with  the  conviction,  that  the 
mantle  of  his  beloved  and  distinguished  relative  would 
most  appropriately  fall  upon  his  shoulders,  and  that  he 
should  inherit  the  claims  of  the  latter,  certainly  not 
altogether  unfounded,  to  the  presidential  office.  But 
he  was  yet  a  very  young  man,  having  just  passed  his 
fortieth  year,  and  he  could  have  afforded  to  wait  in 
patience,  till  the  times  seemed  more  favorable  for 
urgjpg  those  claims.  This  he  would  probably  have 
done — for  it  was  surely  the  dictate  of  sound  policy — 
but  in  the  exasperated  state  of  his  feelings,  he  remem 
bered  only  his  personal  grievances.  He  stood  well  be 
fore  the  republicans  of  the  Union,  and  was  the  idol  of 
the  great  majority  of  the  party  in  his  own  state.  He 
ought  not  lightly  to  have  hazarded  these  advantages. 
As  respected  his  political  fortunes,  it  was  a  grave  error 
to  distract  and  divide  the  party  at  so  momentous  a 
crisis.  But  he  and  his  friends  thought,  that  the  man 
ner  in  which  he  had  been  treated  by  the  confidential 
adherents  of  Mr.  Madison,  released  them  from  all  obli 
gation  to  continue  their  support  of  that  gentleman; 
and  that  they  were  justified,  from  personal  motives,  in 
opposing  his  renomination,  and  attempting  to  substi 
tute  another  republican,  Mr.  Clinton  himself,  in  his 
place. 

In  the  winter  of  1811-12,  the  friends  of  Mr.  Clinton 
began  first  to  urge  his  name  seriously  in  connection 
with  the  presidency,  and  to  avow  their  intentions  to 
substitute  him,  if  possible,  for  the  then  incumbent. 


AMBITIOUS    HOPES.  257 

The  time,  and  the  political  condition  of  the  country, 
did  not  seem  altogether  unfavorable.  A  quite  general 
feeling  of  dissatisfaction  with  the  foreign  policy  of  the 
administration  pervaded  the  republican  party.  It  was 
thought  that  Mr.  Madison  was  too  timid,  and  lacked 
energy  and  decision.  The  friends  of  Mr.  Clinton  took 
advantage  of  this  feeling,  and  they  pointed  to  his  well- 
known  character  for  firmness,  nerve,  and  intrepidity, 
as  affording  the  assurance  that  he  would  pursue  no 
temporizing  course  if  he  were  at  the  head  of  affairs. 
Mr.  Ingersoll,  a  warm  and  devoted  friend  of  Madison, 
does  full  justice  to  Mr.  Clinton  in  this  respect.  "  If 
De  Witt  Clinton,"  he  says,  "  had  superseded  Madison, 
by  the  presidential  election  of  1812,  it  is  no  disparage 
ment  of  either  to  say,  that  the  tone  of  executive  ac 
tion  would  have  been  much  more  imposing."  *  Mr. 
Clinton  had  none  of  the  constitutional  timidity  of 
Madison  ;  he  would  have  cheerfully  taken  upon  him 
self  responsibilities  which  the  other  was  afraid  to  as 
sume  ;  he  would  not  have  been  over  fearful  of  tran 
scending  his  powers,  but  in  peace  or  in  war,  his  policy 
would  have  been  bold,  prompt  and  energetic,  and  cal 
culated  either  to  command,  or  to  enforce  respect. 

It  was  originally  the  intention  of  Mr.  Clinton's 
friends  to  procure  a  nomination  of  their  favorite  for 
the  presidency,  at  the  winter  session  of  the  legislature 
in  1812,  and  before  the  Congressional  Caucus  was 
held.  This  was  prevented  by  the  agitation  of  the 
*  History  of  the  War  of  1812,  voL  i.  p.  69. 


17 


258  DE    WITT    CLINTON. 

question  of  incorporating  the  Bank  of  America.  Mr. 
Clinton  himself  was  opposed  to  the  incorporation,  but 
among  its  advocates  were  many  of  his  most  zealous 
friends.  Their  support  was  not  in  some  respects  very 
desirable,  for  it  was  accompanied  with  extreme  servil 
ity  and  the  most  fulsome  adulation ;  but  he  was  much 
too  fond  of  flattery,  and,  while  they  sounded  his 
praises,  though  he  did  not  admit  them  to  his  confi 
dence,  he  shared  with  them  his  purse.  Not,  that  he 
paid  them  for  their  flatteries ;  but  as  they  were  mostly 
men  of  "  battered  and  bankrupt  fortunes/'  he  allowed 
them  the  use  of  his  name  to  procure  banking  accom 
modations,  and  in  this  way  ultimately  ruined  himself 
in  a  pecuniary  point  of  view. 

At  the  session  of  1812,  this  class  of  men  were  actively 
employed  in  electioneering  both  for  Mr.  Clinton  and  the 
bank.  Many  of  his  friends,  among  them  Judge  Spencer 
and  Judge  Tayler,  urged  him  to  take  a  decided  stand 
with  them  against  the  incorporation.  A  most  excited 
state  of  feeling  was  produced  throughout  the  whole 
state,  and  in  several  counties  public  meetings  were  held 
at  which  the  bank  and  its  advocates  were  denounced 
in  the  strongest  language.  There  were  few  prominent 
politicians,  but  committed  themselves  positively,  either 
one  way  or  the  other.  Mr.  Clinton,  notwithstanding 
his  own  convictions  were  adverse  to  the  incorporation, 
refused  to  quarrel  with  those  friends  who  were  in  favor 
of  it,  and  this  refusal  led  to  a  rupture  between  himself 
and  Judge  Spencer. 


NOMINATION    FOR    THE    PRESIDENCY.  259 

It  must  not  be  supposed  that  all  the  advocates  of  the 
bank  were  friendly  to  Mr.  Clinton.  This  might  readily 
be  inferred  from  Mr.  Hammond's  history,  but  nothing 
could  be  more  erroneous.  The  bank  had  no  more 
steadfast  friends  than  the  Livingston  family ;  and  Mor 
gan  Lewis,  and  Edward  P.  Livingston,  both  members 
of  the  Senate,  voted  in  favor  of  the  act  of  incorpo 
ration. 

Early  in  the  winter,  a  private  meeting  of  the  friends 
of  Mr.  Clinton, — or  rather  of  all  the  prominent  repub 
licans  in  the  state,  except  the  Martling  men,  now 
known  as  the  Tammany  party, — was  held  at  Albany, 
to  consult  upon  the  propriety  of  bringing  him  forward 
for  the  presidency.  This  movement  was  avowed  to 
be  in  opposition  to  Mr.  Madison,  and  it  was  pretty 
broadly  intimated  that  their  hopes  of  success  were 
founded,  in  great  part,  upon  the  aid  they  expected  from 
the  federalists.  Many  of  the  republicans  from  the  in 
terior  were  alarmed  at  this.  Ambrose  Spencer,  Eras- 
tus  Root,  John  Tayler,  and  Enos  T.  Throop,  with 
Governor  Tompkins,  earnestly  opposed  the  movement ; 
and  those  of  them  who  were  really  anxious  to  pro 
mote  the  political  advancement  of  Mr.  Clinton,  en 
treated  that  he  should  not  be  placed  in  a  position  that 
would  forever  mar  his  prospects ;  for  it  was  certain  he 
could  not  carry  with  him  the  republican  party  out  of 
New  York,  and  if  he  failed  in  that,  as  he  must  inevita 
bly  fail,  their  good  wishes  would  be  so  far  alienated 
from  him  that  they  could  never  be  regained.  It  could 


260  DE    WITT    CLINTON. 

not  be  disguised,  that  the  whole  proceeding  was  irregu 
lar  ;  and  it  was  idle  to  suppose  that  a  nomination  by 
the  republicans  in  the  New  York  legislature  would  be 
followed  by  a  nomination  in  the  Congressional' Caucus. 
Others,  who  had  taken  decided  ground  against  the 
bank,  objected,  to  use  the  language  of  a  cotemporary 
of  Mr.  Clinton,  in  a  letter  to  the  author,  that  "  the 
body-guard  of  Clinton  was  tainted  with  the  odor  of  the 
bank."  The  bank  men,  on  the  other  hand,  who  were 
in  favor  of  his  nomination,  desired  that  the  charter 
should  first  be  acted  on,  in  order  that  they  might  se 
cure  votes  for  that  measure  from  the  more  zealous 
friends  of  Mr.  Clinton,  by  threatening  to  oppose  him. 

There  being  such  a  want  of  harmony  at  this  infor 
mal  caucus,  nothing  was  immediately  done  toward 
procuring  a  legislative  nomination,  and  in  March  the 
session  was  abruptly  terminated,  by  the  prorogation  of 
the  legislature  for  sixty  days,  by  Governor  Tompkins. 
During  the  vacation,  and  on  the  18th  of  May,  Mr. 
Madison  was  unanimously  nominated  for  reelection, 
at  a  caucus  of  the  republican  members  of  Congress. 
In  his  last  annual  message  the  president  had  assumed 
a  bolder  tone,  and  recommended  that  the  country 
should  be  placed  in  a  condition  of  defence.  Congress 
had  adopted  his  suggestions,  and  he  had  now  regained 
that  place  in  the  estimation  of  the  party  which  he  had 
nearly  forfeited  by  his  timidity.  Mr.  Clinton's  adhe 
rents  alone  remained  aloof.  Gideon  Granger,  the  post 
master-general,  Obadiah  German  of  the  Senate,  and 


PRESIDENTIAL    CANVASS.  261 

Pierre  Van  Cortlandt  of  the  House,  represented  Mr. 
Clinton  at  Washington,  and  they  had  previously  writ 
ten  home  to  their  friends,  advising  and  urging  his 
immediate  nomination. 

Mr.  Clinton  needed  nothing  to  heighten  the  ardor 
of  his  ambition,  and  no  suggestions  of  his  more  cau 
tious  and  disinterested  friends  were  listened  to,  in  op 
position  to  the  advice  received  from  Washington.  His 
old  friend,  Judge  Spencer,  was  now  estranged  from 
him,  and  he  listened  alone  to  the  counsels  of  the  fiery 
and  ambitious  spirits  by  whom  he  was  surrounded. 
He  not  only  consented  that  the  nomination  should  be 
made,  but,  by  his  conduct  and  manner,  showed  that 
his  heart  was  fully  set  upon  it ;  and  those  republicans 
who  still  claimed  the  right  to  doubt  its  propriety,  soon 
found  that  they  had  incurred  his  lasting  displeasure. 

Mr.  Clinton  was  formally  nominated  for  the  presi 
dency  at  a  legislative  caucus,  held  on  the  29th  of  May 
by  the  republican  members,  against  the  earnest  protest, 
however,  of  the  minority.  All  the  most  prominent 
and  leading  men  in  the  party  in  the  state  were  opposed 
to  the  nomination ;  some  from  personal  hostility  to  Mr. 
Clinton,  and  others  because  they  were  truly  attached 
to  him,  and  foresaw  the  ruin  of  his  political  prospects. 
Besides  Ex-Governor  Lewis,  Nathan  Sanford,  the 
Livingston  family  and  the  Martling  men — Governor 
Tompkins,  Judge  Spencer,  Judge  Tayler,  Elisha  Jen 
kins,  then  secretary  of  state,  General  Root,  and  General 
Porter — all  either  regretted  the  movement,  or  took 


262  DE   WITT    CLINTON. 

ground  openly  and  decidedly  against  it.  Had  the  elec 
tors  been  chosen  at  that  time  by  the  people,  Mr.  Clin 
ton  would  undoubtedly  have  secured  the  vote  of  the 
state,  because  the  federalists  gave  him  their  support ; 
but  it  is  very  questionable  whether  he  would  have  re 
ceived  a  majority  of  the  republican  suffrages,  for  those 
leading  members  of  the  party,  who,  as  it  was,  could  do 
nothing  to  aid  Mr.  Madison  after  the  nomination  of  his 
opponent,  would  have  been  obliged  to  act,  and  to  bring 
forward  and  support  an  electoral  ticket,  if  they  desired 
to  stand  well  with  the  republican  party  of  the  nation. 

There  can  be  little  doubt  that  Mr.  Clinton's  hopes 
of  success  were  for  a  long  time  of  the  most  sanguine 
character.  But  close  upon  the  heels  of  his  nomination, 
came  the  war  message  of  Mr.  Madison,  followed  by 
the  declaration ;  and  the  disaffection,  upon  which  the 
friends  of  the  former  had  counted  so  much,  was  forth 
with  at  an  end.  Out  of  New  York  the  nomination  of 
Mr.  Clinton  was  still-born ;  there  came  no  answering 
response  from  the  republican  party  else  here ;  and  his 
position  now  became,  clearly,  one  of  mere  personal 
antagonism. 

The  war  was  a  popular  one,  and  it  was  the  only  im 
portant  question  at  stake.  The  whole  foreign  policy 
of  Jefferson  and  Madison,  which  had  been,  in  the  main, 
approved  by  the  republican  party,  and  by  Mr.  Clinton 
himself, -was  on  trial.  The  principal  cause  of  com 
plaint  against  Mr.  Madison  had  been  his  want  of  en 
ergy,  and  now  that  he  manifested  so  much  boldness,  it 


FEDERAL    CONVENTION.  263 

was  impossible  for  the  republicans  of  the  Union  to  de 
sert  him.  Mr.  Clinton  was  in  a  false  position.  With 
Gallatin  and  Pinkney,  and  other  eminent  republicans, 
he  thought  the  declaration  of  war  was  premature, 
while  the  country  was  so  unprepared  for  hostilities,  and 
his  friends  in  Congress  voted  against  the  act ;  yet  he 
was  satisfied  that  a  war  could  not  be  avoided,  and  when 
once  declared,  he  was  in  favor  of  its  continuance  till 
redress  was  obtained,  but,  had  he  been  elected  presi 
dent,  it  would  have  been  prosecuted,  probably  with 
more  vigor  than  under  the  auspices  of  Mr.  Madison. 

The  federalists  alone  were  opposed  to  the  war. 
Toward  Mr.  Madison  they  felt  extremely  bitter,  and 
were  anxious  to  prevent  his  reelection.  A  candidate 
of  their  own  political  faith  was  out  of  the  question ; 
and  when  they  saw  a  candidate  put  in  nomination  by 
a  portion  of  the  republican  party,  in  opposition  to  the 
regular  nominee,  they  determined  to  support  him.  Mr. 
Clinton  had  at  no  time  avowed  a  change  in  his  senti 
ments  ;  he  never,  at  any  period  of  his  life,  advocated 
federal  doctrines  ;  yet  any  one  was  better,  in  their  es 
timation,  than  Mr.  Madison.  So  he  could  be  defeated, 
they  cared  not  who  was  successful.  Accordingly,  a 
convention  of  leading  federalists  was  held  in  the  city 
of  New  York,  early  in  September,  which  continued  in 
session  three  days.  The  delegates  from  New  York 
were  not  particularly  favorable  to  the  support  of  Mr. 
Clinton,  whose  bitter  denunciations  still  rung  in  their 
ears.  Gouverneur  Morris,  his  warm  personal  friend, 


264  DE    WITT    CLINTON. 

doubted  its  expediency ;  and  Rufus  King,  who,  with 
his  friends,  was  personally  hostile  to  Mr.  Clinton,  "pro 
nounced  the  most  impassioned  invective  against  Clin 
ton,  and  was  so  excited  during  his  address,  that  his 
knees  trembled  under  him.5'  *  Theodore  Sedgwick  of 
Massachusetts,  and  Joseph  Hopkinson  of  Pennsylvania, 
also  opposed  the  nomination  of  Mr.  Clinton.  But  the 
majority  of  the  convention,  influenced  by  the  eloquence 
of  Harrison  Gray  Otis,  came  to  a  different  conclusion, 
and  resolved  to  support  Mr.  Clinton,  at  the  same  time 
nominating  Jared  Ingersoll  as  their  candidate  for  vice- 
president. 

Mr.  Clinton  had  made  no  sacrifice  of  his  principles, 
yet  he  was  now  receiving  the  support  of  the  Essex 
Junto, — of  all  the  bitterest  opponents  of  Jefferson  and 
Madison, — while  the  more  moderate  federalists,  such 
as  the  Adamses  and  the  Kings,  either  opposed  him 
openly,  or  acquiesced,  under  protest,  in  the  decision  of 
the  federal  convention.  The  fact  could  not  be  dis 
guised,  nor  denied,  that  he  had  sought  the  aid  of  the 
federalists.  For  this  reason,  and  because  the  declara 
tion  of  war  entirely  changed  the  aspect  of  affairs,  many 
of  his  old  republican  friends  who  had  aided  in  bringing 
about  his  nomination  by  the  legislative  caucus,  or  who 
had  assented  to  it  after  it  was  made,  thought  themselves 
absolved  from  all  obligation  to  support  him.  Judge 
Spencer  and  Judge  Tayler  made  an  ineffectual  effort  to 
procure  the  withdrawal  of  Mr.  Clinton,  but  neither  he 

*  Sullivan's  Letters  on  Public  Characters,  No.  buy.,  note. 


RESULT  OF  THE  ELECTION.  265 

nor  his  intimate  friends,  would  listen  to  any  suggestions 
of  that  character. 

The  contest  terminated,  as  every  discerning  man 
foresaw  it  would,  in  the  election  of  the  regular  repub 
lican  candidate.  All  the  New  England  states,  (Ver 
mont  excepted,)  New  York,  New  Jersey,  and  Dela 
ware,  voted  for  Mr.  Clinton,  and  he  also  received  five 
of  the  eleven  votes  of  Maryland — making,  in  all,  eighty- 
nine  electoral  votes.  Mr.  Madison  received  one  hund 
red  and  twenty-eight  votes.  In  the  New  York  legis 
lature,  there  were  nearly  thirty  Madisonian  republi 
cans,  headed  by  General  Root,  who  steadily  refused  to 
vote  for  electors  friendly  to  Mr.  Clinton.  The  fede 
ralists  had  a  larger  number  of  members  than  either  of 
the  two  republican  factions,  but  the  latter,  when 
united,  had  a  majority.  The  Clintonian  republicans 
finally  selected  a  ticket,  which  was  voted  for  by  a  suffi 
cient  number  of  the  federal  members  to  render  it  suc 
cessful.* 

*  Judge  Spencer,  in  his  Defence  against  the  aspersions  of  Mr.  Ham 
mond,  intimates  that  the  election  of  Rufus  King  to  the  U.  S.  Senate,  in 
1813,  was  the  quid  pro  quo  demanded  and  received  by  the  federalists, 
for  the  support  of  the  Clintonian  electoral  ticket ;  and  that  the  "  bar 
gain"  was  consummated  through  the  address  of  Mr.  Van  Buren,  then  a 
member  of  the  State  Senate.  This  is  altogether  improbable.  Mr. 
Van  Buren  was  elected  as  a  Clintonian  republican,  in  opposition  to 
Edward  P.  Livingston,  a  Madisonian,  and  of  course  went  with  his  party 
friends ;  and  I  make  no  doubt,  that  Rufus  King's  friends  voted  for  the 
federal  electoral  ticket,  which  received  over  forty  votes,  because  that 
gentleman  himself,  according  to  Mr.  Sullivan,  (ubi  supra)  was  very 

12 


266  DE   WITT    CLINTON. 

Such  was  the  result  of  what  Mr.  Clinton  himself 
afterward  admitted  to  be  the  great  mistake  in  his  politi 
cal  career.  His  pretensions  to  the  presidency  were 
not  by  any  means  unfounded,  and  he  was  honest,  no 
doubt,  in  supposing  that  he  could  serve  his  country,  at 
this  crisis,  better  than  Mr.  Madison.  But  his  well- 
earned  fame  ought  not  to  have  been  so  unwisely  jeop 
arded.  He  should  have  patiently  bided  his  time.  The 
prize  was  a  most  tempting  one,  and  he  had  strong  rea 
sons  for  the  belief  that  the  national  administration  had 
proscribed  him  and  his  friends ;  yet,  notwithstanding 
this,  he  should  have  hesitated.  The  consequences 
which  his  best  friends  anticipated,  were  soon  witnessed. 
He  lost  caste  forever  with  the  republican  party  abroad, 
and  at  home,  in  New  York,  the  prestige  of  his  name 
was  gone.  One  by  one  his  old  friends  deserted  him, 
till  at  length  he  was  left  without  a  party ;  and  when  he 
regained,  and  added  even  to  his  lost  popularity,  he  was 
no  longer  the  exponent  of  a  political  creed. 

While  events  of  so  much  importance,  in  respect  of 
the  future  prospects  of  Mr.  Clinton,  were  transpiring, 
he  was  steadily  and  carefully  discharging  the  duties  of 
the  mayoralty.  His  character  as  chief  magistrate  of 
the  city  of  New  York  was  highly  honorable  to  him. 
He  watched  over  the  interests  of  the  corporation  with 
parental  solicitude  and  care.  He  was  punctual  and 
prompt,  and  his  fellow-citizens  ever  found  him  a  safe 

unfriendly  to  Mr.  Clinton,  and  it  is  well  known  they  were  always  per 
sonally  hostile  to  each  other. 


CHARACTER    AS    MAYOR.  267 

adviser  and  a  firm  friend.  He  took  a  deep  interest  in 
the  improvement  of  the  city,  and  charitable  and  educa 
tional  enterprises  found  in  him  a  patron  whose  favor 
was  well  worth  securing.  By  virtue  of  his  office,  he 
was  the  presiding  judge  in  the  court  of  general  ses 
sions,  and,  "in  my  opinion,"  said  the  late  Richard 
Riker,  "  he  was  one  of  the  safest  judges  that  ever  pre 
sided  in  a  court  of  criminal  jurisdiction.  He  was  pa 
tient,  discriminating,  master  of  all  the  great  principles 
of  criminal  law,  severe  when  justice  required  it,  but 
always  inclined  to  the  side  of  mercy.* 

Mr.  Clinton  was  a  firm  friend  to  the  New  York 
Hospital,  and  he  contributed  essential  aid  in  procuring 
the  passage  of  the  act  founding  the  Bloomingdale  Asy 
lum  for  the  Insane.  He  was,  also,  one  of  the  founders 
of  the  New  York  Historical  Society,  and  in  1814 
wrote  the  able  memorial  to  the  legislature,  which  se 
cured  the  liberal  donation  of  twelve  thousand  dollars 
from  the  state.  Mr.  Clinton  was  subsequently  presi 
dent  of  this  society,  and  at  all  times  one  of  its  most 
active  and  useful  members. 

Twice  during  the  mayoralty  of  Mr.  Clinton,  the  city 
was  visited  by  that  dreadful  pestilence,  the  yellow 
fever.  His  kindness  and  care  for  the  sick  and  desti 
tute,  his  efforts  to  prevent  the  spread  of  the  disease, 
his  indefatigable  and  unceasing  labors,  and  his  fearless 
ness  in  exposing  his  person,  were  topics  of  universal 
commendation.  The  traits  in  his  character  thus  ex- 
*  Hosack's  Memoir,  (Appendix,)  p.  186. 


DE   WITT    CLINTON. 

hibited  shone  bright  and  clear  through  the  dark  clouds 
of  political  misfortune  which  had  gathered  round  him, 
and  many  a  spontaneous  tribute  of  mingled  thanks  and 
praises  was  sent  forth  in  his  honor  from  warm  and 
grateful  hearts. 

As  the  time  approached  for  the  gubernatorial  elec 
tion  in  the  spring  of  1813,  the  Martling  men,  or  Tam 
many  party,  began  to  exert  themselves  to  prevent  the 
renomination  of  De  Witt  Clinton  for  lieutenant-gover 
nor.  In  this  they  were  successful.  The  republican 
party  in  the  state  were  unanimous  in  their  support  of 
the  war,  and  although  Mr.  Clinton  was  himself  in  favor 
of  prosecuting  it  vigorously,  they  well  knew  that  he 
was  obnoxious  to  the  charge  of  acting  with  and  re 
ceiving  the  support  of  the  federalists.  He  was  no 
more  the  pride  and  hope  of  the  party, — the  setting  sun 
had  few  worshippers.  Judge  Spencer,  Judge  Tayler, 
and  Elisha  Jenkins,  opposed  his  nomination ;  Governor 
Tompkins  was  unfriendly  to  him,  though  being  himself 
a  candidate,  he  could  take  no  active  part;  and  Mr. 
Van  Buren  was  now  lukewarm  in  his  support.  At  the 
Caucus,  held  in  February,  1813,  Governoi  Tompkins 
was  unanimously  renominated,  and  the  war  measures 
of  the  national  administration  were  approved  without 
a  dissenting  voice ;  but  Mr.  Clinton  received  only  six 
teen  votes  as  the  candidate  for  lieutenant-governor,  and 
Judge  Tayler  was  nominated  in  his  stead. 

Shortly  after  the  Caucus,  an  address  was  issued, 
signed  by  Philip  Van  Cortlandt,  Mr.  German,  and 


SERVICES    DURING    THE    WAR. 


269 


thirty-nine  other  friends  of  Mr.  Clinton,  reviewing  the 
late  presidential  election,  attacking  the  administration 
of  Mr.  Madison,  charging  Governor  Tompkins  and 
Judge  Tayler  with  being  the  mere  tools  of  the  na 
tional  executive,  and  earnestly  protesting  against  their 
support.  The  address  was  remarkable  for  its  asperity, 
and  was  written  by  Mr.  Clinton  himself.  This  cir 
cumstance  shows  how  strong  and  how  bitter  were  his 
feelings.  He  could  forgive  no  one  who,  when  profess 
ing  to  be  a  political  friend,  refused  in  aught  to  follow 
his  wishes  and  to  further  his  views.  The  address,  how 
ever,  failed  entirely  of  its  object,  and  the  republican 
candidates  were  elected  by  a  decided  majority. 

Mr.  Clinton  was  now  at  the  head  of  but  a  small 
personal  party,  the  only  bond  of  union  between  whose 
members  was  devotion  to  his  person.  He  had  no  af 
fection  for  the  doctrines  of  the  federal  party,  and  a 
union  with  them  was  impossible,  even  were  it  not  im 
politic,  since  they  were  upon  the  point  of  disbanding. 
Toward  both  the  state  and  national  administrations  he 
was  hostile, — not  hostile  because  he  was  opposed  to 
their  measures,  or  to  their  principles  as  connected  with 
their  policy,  but  personally  hostile. 

While  the  war  was  in  progress,  Mr.  Clinton  did  not 
withhold  his  services  from  the  country.  He  exerted 
all  his  influence  in  aiding  to  procure  the  loans  desired 
by  the  government,  and  was  very  active  in  providing 
for  the  defence  of  the  seacoast,  and  particularly  of  the 
city  of  New  York,  of  which  he  was  then  mayor.  Both 


270  DE    WITT    CLINTON. 

by  precept  and  example,  he  sought  to  uphold  the  honor 
of  the  nation.  Having  been  appointed  a  major-gen 
eral  of  militia,  he  proposed,  through  a  friend,  in  the 
summer  of  1814,  to  Governor  Tompkins,  to  be  called 
into  active  service.  The  governor  was  probably 
jealous  of  Mr.  Clinton,  and  fearful  lest  he  might  re 
cover  the  ground  he  had  lost,  if  a  military  command 
should  afford  him  the  opportunity  to  distinguish  him 
self.  He  objected,  therefore,  in  reply  to  the  suggestion, 
that  Mr.  Clinton  was  so  recently  commissioned,  if  he 
should  be  preferred  over  older  generals,  it  would  give 
offence.  But  Mr.  Clinton's  popularity  in  the  city  was 
so  great  and  the  people  had  such  confidence  in  his 
capacity,  that  Governor  Tompkins  finally  agreed  that 
he  should  be  employed  as  he  solicited,  provided  the  city 
was  attacked. 

The  Tammany  men  were  not  yet  satisfied.  They 
insisted  upon  the  removal  of  Mr.  Clinton  from  the 
office  of  mayor.  Personally,  nothing  could  be  more 
unjust,  since  no  one  denied  that  he  had  discharged  his 
duties  ably  and  faithfully ;  but  there  were  political  rea 
sons  in  favor  of  the  removal,  sufficiently  powerful  to 
sway  any  set  of  politicians.  The  office  was  an  im 
portant  one,  and  the  influence  wielded  by  the  incum 
bent  was  considerable.  The  star  of  Governor  Tompkins 
was  now  in  the  ascendant ;  he  was  idolized  by  the  re 
publicans  of  New  York,  and  was  looking  forward  to  a 
nomination  for  the  presidency  in  1816.  It  was  neces 
sary,  therefore,  as  he  thought,  that  the  office  should  be 


REMOVAL  FROM  THE  MAYOR4LTY.       271 

filled  by  some  one  friendly  to  himself.  Judge  Spencer 
also  desired  the  removal  to  take  place,  as  he  was  ope 
rating  to  secure  the  succession  for  General  Armstrong. 

In  January,  1815,  a  republican  council  was  chosen, 
and  after  some  little  delay,  occasioned  by  the  scruples 
of  one  of  the  members,  Mr.  Clinton  was  removed. 
Although  not  entirely  unexpected,  this  was  a  severe 
blow  to  him.  Careless  in  pecuniary  matters,  and  gene 
rous  to  a  fault  in  assisting  his  friends,  he  had  become 
insolvent  for  many  thousands  of  dollars,  and  depended 
upon  the  salary  and  perquisites  of  his  office  for  the 
means  of  support  for  himself  and  his  family.  "  Genu 
ine  greatness,"  said  he  on  another  occasion,  "  never 
appears  in  a  more  resplendent  light,  or  in  a  more  sub 
lime  attitude,  than  in  that  buoyancy  of  character  which 
rises  superior  to  danger  and  difficulty."  *  His  pros 
pects  appeared  to  be  blasted  forever ;  but  the  very  se 
verity  of  the  blow  proved  his  salvation.  It  was  some 
thing  worthy  of  a  mighty  mind  to  struggle  against  ad 
versity  in  so  dark  an  hour.  It  was  not  in  his  nature  to 
cower  before  the  storm  that  howled  so  fiercely  around 
him.  He  preserved  his  firmness  and  his  dignity ;  like 
Ca3sar,  in  the  frail  bark  that  bore  him  and  his  fortunes, 
relying  upon  himself,  upon  his  irrepressible  energies  and 
his  unconquerable  will. 

Throughout  his  life  Mr.  Clinton  was  a  great  favorite 
with  the  Irish  adopted  citizens  of  New  York.  The 
public  generally  sympathized  with  him  on  his  removal, 

*  Memorial  of  the  N.  Y.  Historical  Society,  1814. 


272  DE    WITT    CLINTON. 

but  they  gave  utterance  to  their  feelings  in  words.  He 
was  addressed  on  their  behalf  by  Thomas  Addis  Em- 
mett  and  Dr.  William  J.  Macneven,  who  assured  him 
of  the  continued  regard  of  his  friends,  and  that  they 
preferred  the  moment  of  his  retreat  from  office,  for 
the  expression  of  their  deep  sense  of  his  "  manifold 
and  important  services  to  the  public.'*  The  reply  of 
Mr.  Clinton  was  well  suited  to  the  occasion ;  it  was 
deeply  affecting,  and  replete  with  feeling  and  eloquence. 
In  his  retirement,  Mr.  Clinton  spent  most  of  his 
time  in  literary  studies  and  pursuits.  The  subject  of 
opening  a  canal  navigation  between  the  lakes  and  the 
Hudson  river  also  engaged  his  attention,  and  occupied 
the  greater  share  of  his  thoughts.  He  was  now 
thoroughly  enlisted  in  favor  of  this  important  enter 
prise,  and  by  means  of  public  addresses,  by  his  corres 
pondence,  and  by  personal  interviews  with  prominent 
politicians  and  influential  business  men,  sought  to  cre 
ate  an  interest  in  it  that  might  insure  its  speedy  com 
pletion.  From  some  he  received  encouragement — 
from  others  only  a  doubting  shake  of  the  head,  or  a 
cold  shrug  of  the  shoulders.  Mr.  Jefferson,  with  all 
his  practical  foresight,  doubted  whether  the  project  was 
then  feasible,  and  said  that  it  was  a  century  in  advance 
of  the  age.*  Many  of  the  earlier  friends  of  the  meas 
ure  became  discouraged,  but  Mr.  Clinton  steadily  per- 

*  After  the  completion  of  the  Erie  Canal,  Mr.  Jefferson  wrote  to  Mr. 
Clinton,  congratulating  him  on  the  success  of  the  enterprise,  and  saying 
that  his  prediction  was  a  century  too  late. 


CANAL    MEMORIAL.  273 

severed  to  the  end,  amid  obloquy  and  abuse.  He 
staked  his  reputation  for  sagacity,  his  character  as  a 
statesman — but  staked  them  not  in  vain.  The  hour 
of  his  triumph  came  at  last,  and  brought  with  it  the 
full  realization  of  his  fondest  hopes. 

While  the  war  continued,  all  efforts  in  furtherance 
of  the  project  were  necessarily  suspended ;  but  they 
were  promptly  renewed,  on  his  part,  after  the  termina 
tion  of  hostilities.  Shortly  before  the  meeting  of  the 
legislature  in  January,  1816,  a  large  meeting,  composed 
of  the  most  respectable  and  influential  citizens,  was 
held  in  the  city  of  New  York,  at  the  instance  of  De 
Witt  Clinton,  Thomas  Eddy,  and  Jonas  Platt,  at  which 
a  memorial,  drawn  up  by  Mr.  Clinton  with  more  than 
his  usual  ability,  in  favor  of  the  construction  of  the 
Erie  and  Champlain  canals,  was  adopted  with  great 
enthusiasm  and  unanimity.  This  memorial  was  pre 
sented  by  him  to  the  legislature,  and  he  remained  at 
Albany  during  the  greater  part  of  the  session,  zealously 
engaged  in  urging  upon  the  attention  of  members  the 
manifold  considerations  in  support  of  the  proposed 
measure  that  had  suggested  themselves  to  his  mind. 

The  question  as  to  whom  belongs  the  chief  merit  of 
originating  this  great  enterprise,  has  been  often  dis 
cussed,  and  it  is  not  proposed  to  renew  the  discus 
sion  here.*  There  have  been  many  claimants,  but  it  is 

*  See  Hosack's  Memoir,  (Appendix,)  p.  245,  et  seq ;  "Watson's  Histo 
ry  of  the  Rise  and  Progress  of  the  Western  Canals  ;  Yates'  History  of 
the  New  York  Canals ;  Canal  Policy  of  New  York,  by  Tacitus  (De 

12* 


18 


274  DE    WITT    CLINTON. 

very  doubtful  whether  any  one  individual  is  justly  en 
titled  to  the  honor.  The  idea  of  connecting  the  lakes 
with  the  Hudson  river  by  canals,  and  the  removal  ot 
obstructions  in  the  intermediate  streams,  was  not  a  new 
one.  It  was  familiar  to  the  public  men  of  New  York 
at  an  early  day.  In  the  report  of  Governor  Tryon  on 
the  state  of  the  province,  made  in  1774,  it  is  distinctly 
stated  that  "  a  most  effective  inland  navigation"  might 
be  opened,  between  the  Hudson  and  Lakes  Ontario 
and  Champlain,  by  way  of  the  Mohawk  and  the  main 
branch  of  the  river ;  "  a  short  cut"  being  made  from 
Wood  Creek  to  the  Mohawk,  the  rifts  removed,  and 
the  necessary  locks  constructed.*  In  1784,  Christopher 
Colles  made  his  proposals  to  the  New  York  legislature 
for  the  improvement  of  the  navigation  of  the  Mohawk ; 
and  in  1786,  Jeffrey  Smith,  a  member  of  that  body, 
asked  leave  to  introduce  a  bill  for  improving  the  navi 
gation  of  the  Mohawk,  and  for  extending  the  same,  if 
practicable,  to  Lake  Erie.  Previous  to  this  time,  and 
as  early  as  the  year  1777,  Gouverneur  Morris  had  con 
ceived  the  project  of  "  tapping  Lake  Erie,"  but  he  pro 
posed  to  do  this  by  way  of  Oswego  and  Lake  Ontario,  f 
Cadwallader  Colden,  General  Washington,  George  Clin 
ton,  General  Schuyler,  Elkanah  Watson,  and  other 
eminent  men,  likewise  came  to  the  conclusion,  from 

Witt  Clinton) ;  Facts  and  Observations,  in  relation  to  the  origin  and 
completion  of  the  Erie  Canal ;  Life  of  Thomas  Eddy ;  Renwick's  Life 
of  Clinton  ;  and  Turner's  History  of  the  Holland  Purchase. 

*  Documentary  History  of  New  York,  voL  i.  p.  761. 

|  Facts  and  Observations,  etc. 


THE  FATHER  OF  THE  CANAL  SYSTEM.      275 

their  knowledge  of  the  country,  that  an  important  sys 
tem  of  inland  navigation  might  easily  be  constructed 
in  the  manner  which  had  been  suggested.  An  over 
land  navigable  canal  between  the  Hudson  and  Lake 
Erie  was  first  conceived  by  Jesse  Hawley,  of  Ontario 
County,  in  1805,  who  published  the  first  essay  upon 
the  subject,  in  the  Pittsburg  Commonwealth,  in  Janu 
ary,  1807,  and  afterward  wrote  several  articles  which 
appeared  in  the  Ontario  Messenger,  over  the  signature 
of  Hercules.*  In  1808,  the  same  idea  suggested  itself 
to  Joshua  Forman,  then  a  member  of  the  New  York 
Assembly,  and  he  introduced  some  resolutions  provid 
ing  for  a  survey  of  the  proposed  route. 

It  has  been  sometimes  said  by  the  more  zealous 
friends  of  Mr.  Clinton,  who  were  not  familiar  with  the 
history  of  the  New  York  canals,  that  he  was  their 
originator  or  projector.  This  was  not  so.  Yet  his 
claims  to  the  gratitude  of  the  people  of  New  York  are 
as  enduring  as  her  glory  and  prosperity.  He  found  the 
project  crude  and  ill-formed ;  he  gave  it  shape  and  sub 
stance,  life  and  animation.  When  the  scheme  was 
first  suggested  to  him,  he  was  able  to  judge  of  its  prac 
tical  value,  from  his  knowledge  of  the  resources  and 
topography  of  the  interior  of  the  state,  derived  from 
his  father  and  uncle ;  and  in  his  tour  in  1810,  he  satis 
fied  himself  upon  this  point,  by  personal  observation. 
Having  once  formed  his  opinions,  he  entered  heart  and 

*  Hosack's  Memoir,  (Appendix,)  p.  806 ;  Canal  Policy  of  Nevr  York ; 
and  Turner's  History,  pp.  628,  666. 


276  PE    WITT    CLINTON. 

soul  into  the  enterprise  from  which  he  rightly  predicted 
such  incalculable  benefits  were  to  flow.  He  did  not 
wait  for  Hercules,  but  put  his  own  shoulder  to  the 
wheel.  He  was  emphatically  the  master-spirit,  not  in 
the  projection,  but  in  the  execution  of  those  great 
works  which  still  trumpet  forth  his  praises.  He,  more 
than  all  others,  gave  that  impetus  to  the  project  which 
carried  it  successfully  forward, — he  was  truly  the  father 
of  the  canal  system  of  New  York. 

His  memorial  was  circulated  far  and  wide  through 
out  the  state.  It  attracted  attention  everywhere.  Its 
author  was  looked  upon  as  the  leader  in  the  canal 
movement,  and  those  who  were  earlier  enlisted  in  the 
cause  than  himself,  were  content  to  follow  under  his 
guidance.  Action,  spirit,  enterprise,  determination, 
perseverance,  genius,  had  long  been  needed, — and  all 
were  furnished  in  his  own  person.  He  directed  and 
controlled  everything.  He  prepared  plans  and  esti 
mates.  He  pointed  out  the  how  and  the  where ;  from 
whence  the  means  could  be  procured;  and  the  im 
mense  advantages  of  the  policy  he  advocated.  He 
had,  probably,  too  much  of  enthusiasm  on  the  subject, 
and  had  it  not  been  that  his  ardor  was  restrained  by 
the  greater  caution  and  prudence  of  Samuel  Young 
and  Martin  Van  Buren,  the  state  might  have  been 
plunged  headlong  into  debt.  Be  this  as  it  may, — had 
he  not  possessed  just  so  much  enthusiasm,  it  is  more 
than  likely  that  the  first  prediction  of  Mr.  Jefferson 


SPLENDID    RESULTS.  277 

would  have  been  verified,  and  he  would  have  been  "  a 
century  in  advance  of  the  age." 

And  how  splendid  were  the  results  of  his  efforts  ? 
They  are  scattered  over  the  length  and  breadth  of  the 
land, — not  transient,  but  ever-enduring,  ever-increas 
ing.  Towns  have  sprung  up  in  a  night,  like  the  gourd 
of  the  prophet.  Deserts  have  been  transformed  to 
fields  and  cities. 

"  And  the  old  wilderness  is  changed 

To  cultured  vale  and  hill — 

And  the  circuit  of  its  mountains 

An  empire's  numbers  fill" 

Daily  and  hourly  the  humblest  citizen  of  our  state 
has  occasion  to  rejoice.  Vast  stores  of  wealth — the 
fruits  of  successful  commerce — have  been  accumulated, 
which,  had  it  not  been  for  the  construction  of  the 
canals  of  New  York,  would  never  have  found  a  place 
in  her  coffers.  And  where  the  end  is  to  be,  no  man 
can  yet  say ;  for  the  wildest  fancy  of  to-day  seems  to 
become  matter  of  history  to-morrow. 

The  memorial  of  Mr.  Clinton  was  presented  on  the 
21st  of  February,  1816,  and  was  soon  followed  by 
others  of  a  like  character.  The  popular  feeling  was 
aroused,  and  it  could  not  be  resisted.  The  Assembly, 
therefore,  passed  a  bill,  providing  for  the  immediate 
commencement  of  the  Erie  and  Champlain  Canals; 
but  it  was  amended  in  the  Senate,  on  motion  of  Mr. 
Van  Buren,  so  as  to  authorize  the  appointment  of  five 


278  DE    WITT    CLINTON. 

canal  commissioners,  whose  duty  it  should  be  to  make 
the  necessary  preliminary  surveys  and  estimates  of  ex 
pense,  and  to  ascertain  the  practicability  of  making 
loans  on  the  credit  of  the  state.  Great  doubts  were 
still  entertained  in  regard  to  the  financial  practicability 
of  the  scheme,  and  after  some  considerable  discussion 
the  bill,  as  amended  in  the  Senate,  became  a  law. 
Stephen  Van  Rensselaer,  De  Witt  Clinton,  Samuel 
Young,  Joseph  Ellicott,  and  Myron  Holley,  were  the 
commissioners  appointed  by  the  act. 

In  February,  1817,  the  reports  of  the  canal  com 
missioners  were  presented.  They  were  ably  written, 
and  proceeded,  in  whole  or  in  part,  from  the  pen  of  Mr. 
Clinton.  Considerable  opposition  was  manifested,  on 
the  part  of  some  of  the  more  bitter  and  zealous  oppo 
nents  of  Mr.  Clinton,  to  the  passage  of  any  act  posi 
tively  committing  the  state  to  the  construction  of  the 
proposed  canals.  Weeks  were  spent  in  the  discussion 
of  the  bill  introduced  in  pursuance  of  the  recommen 
dation  of  the  commissioners.  Mr.  Clinton's  influence 
was  still  needed.  He  had  secured  for  the  measure  the 
favor  and  approbation  of  the  people,  and  now  the  co 
operation  of  the  legislature  was  alone  required  to  in 
sure  its  success.  Some  of  the  anti-Clintonian  members 
stoutly  refused  to  vote  for  the  bill,  but  Mr,  Van  Buren 
came  to  the  rescue,  and  prevailed  upon  a  number  of 
his  friends  to  unite  with  him  in  its  support.  The  votes 
thus  gained  proved  sufficient.  On  the  10th  day  of 
April,  1817,  the  Assembly  passed  the  act  authorizing 


RECONCILIATION    WITH    JUDGE    SPENCER.  279 

the  construction  of  the  canals  to  be  commenced,  by  a 
vote  of  sixty-four  to  thirty-six,  and  on  the  15th  instant 
it  was  sustained  in  the  Senate  by  a  vote  of  eighteen  to 
|  nine.  The  hour  of  Mr.  Clinton's  triumph  had  at 
length  come ;  and  thenceforth,  though  no  more,  strictly 
speaking,  the  leader  of  the  republican  party,  till  the 
day  of  his  death,  with  the  exception  of  a  brief  inter 
val  pending  the  discussion  of  the  project  for  a  consti 
tutional  convention,  he  was  the  favorite  of  the  people 
of  New  York. 

Early  in  the  year  1816,  a  reconciliation  was  effected 
between  Mr.  Clinton  and  Judge  Spencer ;  and  it  was 
then  thought,  that  all  the  republicans  in  the  state  would 
reunite  under  their  old  leaders.  But  Governor  Tomp- 
kins,  Mr.  Van  Buren,  General  Porter,  Colonel  Young, 
Erastus  Root,  the  Livingstons  and  their  friends, — in 
deed,  all  the  prominent  men  in  the  party, — refused  to 
go  with  Judge  Spencer,  and  he  was  left  to  fight  the 
battles  of  Mr.  Clinton  alone.  Yet  he  and  Mr.  Clinton 
constituted  a  host  in  themselves,  and  though  the  latter 
might  not  have  been  popular  with  the  politicians,  he 
was  certainly  popular  with  the  people. 

The  unfortunate  results  of  the  campaign  of  1812 
did  not  prevent  Mr.  Clinton  from  continuing  to  cherish 
his  presidential  aspirations.  He  persevered  in  regard 
ing  himself  as  the  proper  and  natural  successor  of  the 
revolutionary  worthies,  and  consequently,  did  not  at 
all  favor  the  pretensions  of  Governor  Tompkins  in 
1816,  though,  being  still  in  bad  odor  with  the  republi- 


280  DE    WITT    CLINTON. 

can  party,  he  could  do  nothing  against  him.  Neither 
did  he  coincide  with  Judge  Spencer,  who, — when  the 
defeat  at  Bladensburg  and  the  capture  of  Washington 
had  put  his  friend,  General  Armstrong,  then  secretary 
of  war,  in  Coventry  as  a  politician, — exerted  himself 
to  procure  the  nomination  of  Mr.  Crawford  as  the  re 
publican  candidate.  Mr.  Clinton's  preferences  were 
decidedly  for  Mr.  Monroe,  because  he  had  rendered 
important  services  during  the  Revolution  and  the  or 
ganization  of  the  federal  government ;  and  while  the 
idea  that  he  would  and  ought  to  be  president  had  be 
come  familiar  with  the  public,  it  did  not  seem  to  ex 
clude  himself,  which  the  selection  of  a  younger  man 
would  have  done. 

In  the  summer  and  fall  of  1816,  the  friends  of  Mr. 
Clinton  began  openly  to  express  their  preferences  for 
him  as  the  successor  of  Governor  Tompkins,  who  had 
been  nominated  at  the  Congressional  Caucus  as  the 
republican  candidate  for  vice-president.  The  council 
of  appointment  chosen  the  previous  winter  was  under 
the  control  of  Judge  Spencer,  and  thus  a  most  power 
ful  engine  was  wielded  in  his  favor.  The  canal  inter 
est,  of  course,  was  arrayed  on  the  same  side,  and  all 
the  leading  federalists  in  the  state,  with  the  exception 
of  Rufu&King  and  his  particular  friends,  declared  them 
selves  decidedly  favorable  to  Mr.  Clinton,  and  intimated 
that  they  would  run  no  candidate  in  opposition  if  he 
should  be  the  nominee  of  the  republican  party. 

So  powerful   were  all  these  influences,  that  Gov- 


NOMINATED  FOR  GOVERNOR.  281 

ernor  Tompkins,  Mr.  Van  Buren,  and  their  friends,  la 
bored  in  vain  against  them.  The  current  in  favor  of 
the  nomination  of  Mr.  Clinton,  particularly  in  those 
sections  of  the  state  to  be  benefited  by  the  construc 
tion  of  the  Canals,  was  much  too  strong  to  be  resisted. 
At  the  regular  session  of  the  legislature  in  1817,  the 
question  of  the  succession  was  the  principal  topic  agi 
tated  among  the  republican  members.  A  majority  of 
them — not  so  much,  perhaps,  because  their  personal 
preferences  pointed  in  that  direction,  as  for  the  reason 
that  they  could  not  mistake  the  indications  of  the  sen 
timent  prevailing  among  their  constituents — were  soon 
ascertained  to  be  friendly  to  the  nomination  of  Mr. 
Clinton,  yet,  in  consequence  of  the  determined  oppo 
sition,  and,  in  the  case  of  the  Tammany  men,  the  bitter 
hostility  manifested  toward  him  by  his  opponents,  it 
was  feared  that  he  would  be  unable  to  secure  the 
nomination  in  the  legislative  caucus.  In  order  to  pre 
vent  such  a  result,  it  was  proposed  by  Judge  Spencer 
and  others,  that  delegates  should  be  selected  by  repub 
lican  conventions  in  those  counties  represented  by  fed 
eralists,  who,  with  the  republican  members,  should 
constitute  a  state  convention  for  the  purpose  of  nom 
inating  candidates  for  governor  and  lieutenant-gov 
ernor. 

This  mode  of  selecting  candidates  was  undoubtedly 
fairer  than  that  before  adopted,  and  nothing  could  be 
said  against  it.  But  it  was  unfortunate  for  Mr.  Clin 
ton  that  it  should  have  been  suggested  at  this  juncture, 


282  DE    WITT    CLINTON. 

and  that,  too,  by  his  friends ;  for  it  was  an  innovation, 
in  respect  of  established  usages,  that  was  entirely  un 
necessary  to  secure  his  nomination.  Had  it  not  been 
for  this,  he  might  have  overcome  the  hostility  of  his 
republican  opponents,  bitter  as  it  was ;  but  they  now 
saw  that  he  was  disposed  to  resort  to  extraordinary 
measures,  and  though  many  of  them  felt  obliged  to  sup 
port  him,  it  was  without  cordiality,  and  they  were 
ready  at  any  moment  to  embrace  a  favorable  opportu 
nity,  should  one  present  itself,  for  destroying  his  stand 
ing  in  the  party. 

Mr.  Tompkins  having  been  chosen  vice-president, 
he  resigned  the  office  of  governor,  and  a  law  was 
passed  providing  for  a  special  election.  The  friends  of 
Mr.  Clinton  had  secured  the  council  of  appointment 
at  the  session  of  1817,  and  they  had  everything  their 
own  way.  The  convention,  of  republican  members  of 
the  legislature  and  delegates,  was  held  on  the  25th  of 
March,  1817.  The  opponents  of  Mr.  Clinton,  headed 
by  Mr.  Van  Buren,  made  great  efforts  to  prevent  his 
nomination,  and  supported  Peter  B.  Porter  as  their 
candidate,  who  was  a  warm  anti-Clintonian,  but  equally 
ardent  in  advocating  the  Canal  policy.  On  balloting 
for  the  gubernatorial  candidate,  Mr.  Clinton  received 
the  votes  of  sixty  members  and  twenty-five  delegates 
and  General  Porter  those  of  thirty-four  members  and 
seven  delegates. 

In  accordance  with  their  promises  to  the  friends  of 
Mr.  Clinton,  no  nomination  was  made  by  the  federalists. 


•f 

RESULT  OP  THE  ELECTION.  283 

The  Tammany  men  refused  outright  to  support  the 
candidates  of  the  republican  convention,  and  distribu 
ted  tickets  throughout  the  state  with  the  name  of  Gen 
eral  Porter  upon  them  ;  but  no  effort  was  made  to  se 
cure  votes  for  this  ticket  out  of  the  city.  There  was 
but  little  excitement,  therefore,  at  the  polls,  and  more 
than  one  half  of  the  electors  did  not  vote  at  all  on  the 
gubernatorial  question.  Although  Mr.  Clinton  was 
elected,  he  did  not  receive  as  large  a  vote  as  Mr. 
Tompkins  had  done  the  year  previous.  There  were 
less  than  forty-five  thousand  votes  cast  for  governor, 
of  which  Mr.  Clinton  received  upwards  of  forty- three 
thousand,  and  General  Porter  about  fifteen  hundred, 
most  of  them  given  in  the  city  of  New  York. 

After  the  resignation  of  Governor  Tompkins,  and 
until  the  close  of  the  civil  year,  the  state  government 
was  administered  by  the  lieutenant-governor,  Judge 
Tayler.  Mr.  Clinton  took  the  oath  of  office  on  the  1st 
of  July,  1817,  and  immediately  entered  on  the  dis 
charge  of  the  executive  duties.  Almost  the  first  act 
of  his  administration,  was  the  removal  of  the  Tam 
many  men  from  office  in  the  city  of  New  York.  He 
had  no  disposition  to  conciliate  his  opponents  in  the 
party,  and  manifested  none.  Attachment  to  himself 
was  practically  declared  to  be  the  test  of  fitness  and 
capacity  in  candidates  for  official  favors.  He  did  not 
make  open  war  upon  Governor  Tompkins,  Mr.  Van 
Buren  and  their  friends,  but  he  returned  their  want  of 
cordiality  with  a  coldness  that  could  not  well  be  mis- 


284  DE    WITT    CLINTON. 

taken.  The  truth  was,  they  had  already  determined 
he  should  not  again  become  the  leader  of  the  party, 
not  so  much  because  of  any  want  of  fidelity  to  his  re 
publican  principles,  though  his  relations  toward  the 
federalists  were  much  too  intimate  to  have  their  origin 
in  mere  personal  friendship,  but  for  the  reason  that  he 
could  not  tolerate  the  least  resistance  to  his  will,  and 
would  admit  no  one  to  his  counsels  unless  entirely  de 
voted  to  him. 

In  the  autumn  of  1817,  Governor  Clinton  issued  a 
proclamation,  recommending  that  the  13th  of  Novem 
ber  should  be  observed  as  a  day  of  thanksgiving  and 
prayer.  It  will  be  remembered  that  Governor  Jay 
made  a  similar  recommendation,  but  was  unable  to  in 
troduce  the  custom  which  had  long  prevailed  in  the 
eastern  states,  on  account  of  the  opposition  to  New 
England  notions  and  inventions.  But  the  Yankees 
and  Knickerbockers  had  now  become  more  thoroughly 
fused  and  blended  together,  and  the  citizens  generally 
united  in  observing  the  day  recommended  by  Gover 
nor  Clinton.  The  precedent  thus  established  by  him, 
has  been  ever  since  followed  by  his  successors  in  the 
chair  of  state. 

When  the  legislature  assembled  for  its  regular  session 
in  January,  1818,  the  insecurity  of  Mr.  Clinton's  posi 
tion  was  soon  made  apparent.  The  speech  of  the  new 
governor  was  favorably  received,  and  was  in  fact  highly 
creditable  to  him.  It  contained  a  flattering  review  of 
the  financial  condition  and  resources  of  the  state,  and 


PARTY    DIVISIONS.  285 

a  most  able  exposition  of  the  views  of  the  writer  upon 
the  subject  of  internal  improvements.  He  recom 
mended  the  appointment  of  a  district  attorney  in  each 
county  in  the  state,  and  several  other  legal  reforms. 

A  tolerable  degree  of  harmony  prevailed  among  the 
republican  members,  yet  the  calm  was  deceitful.  But 
very  few  of  them,  even  those  known  as  Clintonians, 
were  really  attached  to  him.  It  was  both  his  misfor 
tune  and  his  fault  that  he  was  surrounded  by  a  coterie 
of  parasites  who  could  do  nothing  but  harp  his  praises, 
and  this  gave  color  to  the  charge  that  he  was  seeking 
to  establish  a  personal  party.  He  had  deceived  him 
self  as  to  his  real  strength.  His  nomination  and  elec 
tion  were  mainly  owing  to  the  prevailing  sentiment  in 
favor  of  the  construction  of  the  canals,  but  he  attrib 
uted  it  entirely  to  his  own  individual  popularity.  He 
could  not  be  made  to  believe,  therefore,  that  there  was 
danger  of  his  standing  being  impaired,  when  there 
should  no  longer  be  any  opposition  to  the  canal  policy. 
With  very  few  exceptions,  he  was  not  on  friendly 
terms  with  any  of  the  prominent  republicans  in  the 
state,  and  toward  Mr.  Van  Buren  and  Colonel  Young, 
who  stood  in  the  front  rank,  he  was  not  only  distant  and 
reserved,  but  sometimes  manifested  the  most  vindictive 
feelings.  His  whole  reliance  was  upon  his  personal 
popularity  and  upon  himself,  and  he  seemed  to  care  but 
little  about  the  efforts  of  his  opponents. 

The  council  of  appointment  chosen  this  winter  con 
sisted  of  Peter  R.  Livingston  and  Henry  Seymour, 


286  DE    WITT    CLINTON. 

both  anti-Clintonians;  Henry  Yates,  a  friend  of  Mr. 
Clinton's,  but  caring  more  for  the  republican  party  than 
for  the  governor ;  and  Jabez  D.  Hammond,  formerly  a 
land-agent  of  the  governor,  and  upon  whom  he  had 
bestowed  many  favors,  and  therefore  ready  to  carry 
out  his  wishes  in  everything.  If  Governor  Clinton 
had  thought  proper  to  exercise  his  influence,  he  might 
have  secured  a  majority  of  the  council,  but  this  he  did 
not  do,  and  hence  the  result.  Ostensibly  Mr.  Yates 
was  his  friend,  and  therefore  the  public  inferred  that 
the  operations  of  the  council  were  controlled  by  him  ; 
whereas,  in  point  of  fact,  the  former  had  pretty  much 
his  own  way.  The  governor  and  Mr.  Hammond  were 
disposed  to  remove  or  supersede  all  the  anti-Clintonians 
holding  important  offices,  but  Mr.  Yates  would  not 
consent  to  the  proscription  of  republicans  in  good 
standing  in  the  party,  and  who  had  always  supported 
its  nominations.  If  the  governor's  candidates  were 
satisfactory  to  him  he  voted  for  them ;  if  not,  he  went 
with  Mr.  Livingston  and  Mr.  Seymour. 

The  session  passed  without  any  open  disagreement 
between  the  two  factions ;  but  all  the  active  republican 
leaders — for  the  influence  and  popularity  of  Judge 
Spencer  were  now  on  the  wane — were  determined  to 
reorganize  the  party  without  delay.  It  was  the  object 
to  separate  as  many  republicans  from  Mr.  Clinton  as 
possible,  and  in  this  they  were  successful,  as  they  car 
ried  nearly  the  whole  party  with  them. 

In  the  next  legislature  there  were  about  sixty-five 


BEEACH  WITH  THE  REPUBLICANS.        287 

Clintonians,  fifty-six  or  fifty-seven  anti-Clintonians,  and 
upwards  of  thirty  federalists.  In  the  assembly  alone 
the  Clintonians  had  a  still  greater  majority  over  the 
other  faction.  But  the  latter,  by  means  of  a  secret 
understanding,  collected  in  force  at  the  Capitol  on  the 
night  previous  to  the  first  day  of  the  session,  and  suc 
ceeded  in  nominating  their  candidate  for  speaker  at  the 
republican  caucus.  The  next  day  the  Clintonians  re 
fused  to  support  the  candidate  nominated,  and  with  the 
assistance  of  the  federalists  elected  one  of  their  own 
friends.  The  breach  was  now  made,  and  at  a  caucus 
subsequently  held  for  the  nomination  of  a  senator  in 
Congress,  open  war  was  declared  between  the  two  fac 
tions.  The  caucus  broke  up  in  confusion,  and  as  the 
federalists  adhered  to  Mr.  King,  the  incumbent,  no 
senator  was  elected  at  this  session. 

By  the  act  of  1817,  the  canal  commissioners  were 
authorized  only  to  construct  canals  between  Lake 
Champlain  and  Fort  Edward  on  the  Hudson  river, 
and  between  the  Mohawk  and  Seneca  rivers.  Mr. 
Clinton,  therefore,  urgently  recommended,  in  his  an 
nual  speech  in  January,  1819,  that  the  entire  line  of 
canal  navigation  from  Lake  Erie  to  the  Hudson,  and 
from  Fort  Edward  to  the  head  of  sloop  navigation, 
should  be  opened.  Some  of  his  friends  in  the  legis 
lature  did  not  approve  of  these  recommendations,  but 
they  were  sustained  by  the  votes  of  the  leading  anti- 
Clintonians,  who,  by  pointing  to  this  fact,  withdrew 


288  DE    WITT    CLINTON. 

from  Mr.  Clinton  many  of  the  republican  friends  of  the 
canals. 

The  council  of  appointment  chosen  this  winter  was 
friendly  to  Mr.  Clinton,  and  regarded  his  wishes  in 
making  removals  and  appointments.  Yet,  notwith 
standing  the  Clintonians  were  able  to  elect  a  council, 
through  their  want  of  tact  and  policy,  they  suffered 
their  opponents,  now  called  Bucktails,  to  elect  Mr. 
Seymour  as  a  canal  commissioner  to  fill  a  vacancy, 
which  gave  the  latter  a  majority  in  the  board.  From 
this  time  forth,  the  opponents  of  Mr.  Clinton  controlled 
the  canal  influence.  Still,  the  works  were  prosecuted 
with  vigor,  and  he  omitted  no  opportunity  to  urge  their 
speedy  completion. 

Mr.  Clinton  no  longer  concealed  his  determination 
to  exclude  his  opponents  from  office.  In  April,  1819, 
a  pretty  general  sweep  of  the  bucktails  was  made,  and 
in  July,  Mr.  Van  Buren  was  himself  removed  from  the 
office  of  attorney-general.  The  new  appointments 
were  made  from  Glintonians  and  federalists,  but  chiefly 
from  the  latter,  who  soon  composed  the  main  body  of 
Mr.  Clinton's  supporters.  The  great  majority  of  the 
republican  party  adhered  to  Mr.  Tompkins  and  Mr. 
Van  Buren,  while  all  the  federalists,  with  the  exception 
of  Rufus  King  and  his  particular  friends,  arrayed  them 
selves  on  the  side  of  the  governor. 

As  early  as  the  winter  of  1818,  a  movement  had 
been  made  in  the  legislature,  looking  toward  the  amend 
ment  of  the  constitution  so  as  to  do  away  with  the 


REVISION    OF    THE    CONSTITUTION.  289 

council  of  appointment.  This  project  originated  with 
the  bucktails,  and  was  not  at  at  all  pleasing  to  Mr. 
Clinton ;  and  he  exerted  all  his  influence  to  prevent  the 
adoption  of  a  resolution  which  had  been  introduced, 
and  by  which  a  state  convention  was  authorized  to  be 
held.  He  never  regarded  with  favor  the  revision  of 
the  constitution  in  1821,  and  even  when  he  saw  the 
proposition  for  a  convention  rapidly  gaining  ground 
among  the  people,  he  only  yielded  so  far  as  to  signify 
his  willingness  to  submit  to  the  electors  the  question 
whether  or  no  a  convention  should  be  called.  At  the 
extra  session  of  the  legislature,  in  November,  1820,  an 
act  was  passed  by  the  votes  of  the  bucktail  members, 
who  then  controlled  everything,  providing  for  a  con 
vention  with  unlimited  powers.  At  first,  the  object  of 
the  bucktails  had  been  only  to  take  away  the  appoint 
ing  power  from  the  council,  but  as  the  judges  of  the 
supreme  court,  or  rather  a  majority  of  them,  had  also 
opposed  the  convention  project,  it  was  determined  to 
constitutionize  them  out  of  office.  By  the  act  alluded 
to,  no  provision  was  made  for  submitting  the  question 
to  the  people,  and  the  council  of  rerision  vetoed  the 
bill.  Chancellor  Kent  and  Judge  Spencer  voted 
against  the  bill  in  the  council,  and  Judges  Yates  and 
Wood  worth  in  its  favor.  Hence  it  devolved  upon 
Governor  Clinton  to  give  the  casting  vote ;  which  he 
did,  against  the  bill.  But  the  expressions  of  public 
opinion  were  so  strong  in  favor  of  the  proposed  con 
vention,  that  the  governor  was  ultimately  forced  to 

13 


19 


290  DE    WITT    CLINTON. 

acquiesce  and  to  approve  the  law  passed  in  the  winter 
of  1821. 

The  legislative  session  commencing  in  January, 
1820,  was  spent  mainly  in  discussing  the  questions 
arising  upon  the  unsettled  accounts  of  Governor 
Tompkins;  the  Clintonians  and  federalists  opposing, 
with  great  vehemence  and  bitterness,  the  terms  of 
adjustment  proposed  by  him,  and  defended  by  his  re 
publican  friends  in  the  legislature.  At  this  session, 
also,  resolutions  were  passed  opposed  to  the  admission 
of  any  new  slave  states  into  the  union,  which  Mr. 
Clinton  cordially  approved. 

In  April,  1820,  a  new  election  of  governor  was  to 
take  place.  Mr.  Clinton  was  now  completely  estranged 
from  the  republican  party  of  the  state,  though  there  is 
no  evidence  that  he  had  changed  his  principles.  In 
deed,  this  was  a  time  when  republican  principles  were 
cherished  by  everybody.  Mr.  Monroe  had  introduced 
"  the  era  of  good  feeling,"  and  it  was  only  here  and 
there  a  federalist  could  be  found  bold  enough  to  declare 
his  attachment  to  the  doctrines  of  1798.  The  repub 
lican  friends  of  Governor  Clinton  were  in  a  feeble  mi 
nority  in  the  legislature,  and  they  did  not  think  it 
advisable  to  show  their  weakness  in  point  of  numbers 
by  meeting  for  the  purpose  of  making  a  legislative 
nomination.  Mr.  Clinton  and  Judge  Tayler,  therefore, 
were  again  put  in  nomination  at  a  large  public  meeting 
of  their  friends  held  in  the  city  of  Albany.  The  buck- 
tails  were  aware  that  it  would  be  necessary  to  bring 


REELECTION.  291 

out  their  strongest  man  to  overcome  the  popularity  of 
Mr.  Clinton  among  the  friends  of  the  canals,  strength 
ened  as  he  would  be  by  the  influence  and  votes  of  the 
federalists.  Accordingly,  they  fixed  upon  the  vice- 
president,  Mr.  Tompkins,  with  great  unanimity,  as  the 
opposing  candidate. 

The  election  in  1820  was  closely  contested,  and  Mr. 
Clinton  was  chosen  by  a  meagre  majority.*  It  is  evi 
dent  that  his  personal  popularity,  or  the  charge  of  defal 
cation  secretly  whispered  against  Tompkins,  though 
none  dare  utter  it  openly,  produced  this  result ;  for  the 
bucktails,  or  regular  republican  party,  succeeded  in  re 
turning  a  respectable  majority  of  the  members  of  the 
legislature.  All  the  federalists,  except  a  small  faction, 
comprising  for  their  numbers  a  large  share  of  talent, 
headed  by  the  sons  of  Rufus  King  and  Alexander 
Hamilton,  and  by  William  A.  and  John  Duer,  and  call 
ing  themselves  "high-minded  federalists,"  supported 
Governor  Clinton ;  while  nine  tenths  of  the  republican 
party  gave  their  votes  to  vice-president  Tompkins. 

It  was  a  matter  of  general  notoriety,  for  it  could  not 
well  be  disguised,  that  the  official  patronage  of  the 
general  government,  through  the  instrumentality  of 
Mr.  Tompkins  and  Mr.  Van  Buren,  was  now  wielded 
adversely  to  Mr.  Clinton ;  and  the  latter,  in  his  annual 
speech  at  the  extra  session  in  the  fall  of  1820,  intimated 
very  distinctly,  that,  in  his  opinion,  the  officers  under 

*  The  majority  of  Mr.  Clinton  was  less  than  fifteen  hundred  in  a  poll 
of  ninety-three  thousand  votes. 


292  DE    WITT    CLINTON. 

the  federal  government  had  interfered  in  the  late  elec 
tion.  The  Senate  immediately  passed  a  resolution  re 
questing  the  governor  to  communicate  any  information 
he  might  possess  upon  the  subject.  The  charge  had 
been  made  by  inuendo ;  and,  of  course,  the  governor 
had  no  idea  that  he  should  be  called  upon  for  his  proofs. 
He  was  not  the  man,  however,  to  avoid  a  collision,  and 
he  returned  a  brief  and  curt  reply  to  the  resolution, 
stating  that  he  fully  appreciated  "  the  patriotic  solici 
tude"  of  the  Senate,  and  would  in  due  time  make  a 
communication.  The  republican  members  of  the  Sen 
ate  conceived  this  reply  to  be  insulting,  as  it  was  doubt 
less  intended  to  be ;  and  after  wai  ting  five  days  without 
receiving  any  further  message  from  the  governor,  they 
passed  another  resolution,  censuring  him  for  making 
such  charges  and  insinuations  as  he  had  done,  and  not 
adducing  the  evidence  in  support  of  them.  To  this 
last  resolution  he  replied  briefly,  but  with  great  spirit, 
on  the  last  day  of  the  session,  expressing  his  regret 
that  any  branch  of  the  legislature  should  "  lose  sight 
of  the  respect  due  to  itself,  and  the  courtesy  due  to  a 
coordinate  department  of  the  government."  The  ma 
jority  in  the  Senate  were  not  loth  to  continue  the 
quarrel,  and  they  promptly  ordered  the  communication 
of  the  governor  to  be  forthwith  returned  to  him. — Such 
is  a  specimen  of  the  bitterness  that  characterized  the 
political  contests  between  Mr.  Clinton  and  his  oppo 
nents.  Where  both  parties  were  so  much  at  fault,  it 


GREEN    BAG    MESSAGE.  293 

is  not  wonderful  that  he  was  calumniated,  nor  that  he 
often  gave  cause  for  attack. 

At  the  ensuing  regular  session,  the  governor  sent  a 
special  message  to  the  assembly,  accompanied  with  a 
mass  of  certificates,  letters,  and  depositions,  having 
reference  to  the  interference  of  the  federal  officers  in 
the  state  elections.  So  voluminous  were  the  docu 
ments  that  they  were  sent  to  the  House  in  a  green  bag* 
and  the  message  was  ever  after  known  as  the  "  Green 
Bag  Message."  The  proofs  of  the  governor  were 
wholly  insufficient  to  establish  his  charges,  except  in 
one  or  two  instances,  although  the  general  fact  was 
evident  enough,  because  it  had  always  been  customary 
for  the  officers  referred  to,  active  politicians  as  they 
generally  were,  to  take  part  in  elections.  Whether  it 
was  right  or  wrong,  Mr.  Clinton  exhibited  more  spleen 
than  consistency  in  making  the  charge,  for  he  was 
himself  too  much  of  a  partisan  to  have  stickled  at  any 
such  means,  if  necessary  to  his  own  success. 

The  popular  feeling  in  favor  of  a  convention  to  re 
vise  the  constitution  was  so  strong,  that  Governor 
Clinton  and  his  friends  were  at  length  forced  to  yield. 
In  the  winter  of  1821,  therefore,  they  proposed  to  pass 
a  law  submitting  the  question  to  the  people,  and  requir 
ing  the  convention,  if  one  should  be  called,  to  prepare 
and  submit  all  amendments  separately  and  severally. 
To  the  latter  proposition  the  bucktails  would  not  listen 
for  a  moment,  but  they  finally  consented  to  have  the 
question  of  calling  a  convention  submitted  to  the  vot- 


294  DE    WITT    CLINTON. 

ers  of  the  state  at  the  April  election.  In  this  shape 
the  law  was  passed,  and  approved  by  the  council.  At 
the  April  election,  the  people  decided  in  favor  of  a 
convention,  by  a  majority  of  nearly  seventy-five  thou 
sand.  The  delegates  were  chosen  in  June,  and  as  the 
republicans  now  had  everything  their  own  way,  they 
secured  the  entire  control  of  the  convention. 

At  the  extra  session,  in  November,  1820,  a  council 
of  appointment  had  been  chosen  decidedly  unfriendly 
to  Mr.  Clinton,  and  as  soon  as  they  had  been  called 
together  they  commenced  removing  the  Clintonians 
from  office.  Thus,  both  the  state  and  the  national  pat 
ronage  were  now  in  the  hands  of  his  opponents ;  and 
when  the  constitutional  convention,  which  assembled 
in  August,  1821,  enlarged  the  basis  of  the  right  of 
suffrage,  it  was  not  difficult  to  foresee  his  defeat,  should 
he  be  brought  forward  for  reelection  under  the  new 
order  of  things.  The  bucktails  omitted  no  opportunity 
to  prejudice  him  in  the  minds  of  the  electors.  His 
opposition  to  the  convention  was  constantly  harped 
on,  and  at  the  regular  session  of  the  legislature,  in 
1822,  a  resolution  was  adopted  •  condemning  the  prac 
tice  of  delivering  a  speech.  This  was  designed  as  a 
personal  attack  upon  the  governor,  because  he  had 
again  alluded  to  his  difficulty  with  the  Senate,  by  ex 
pressing  the  wish  that  both  houses  would  cooperate 
with  him  in  cultivating  mutual  respect  and  forbear 
ance.  In  any  other  view  the  resolution  was  entirely 
uncalled  for,  since  the  practice  condemned  was  not 


RETIREMENT.  295 

yet  done  away  by  the  new   constitution,  which  was 
now  waiting  the  final  action  of  the  people. 

It  was  difficult  for  Mr.  Clinton  to  convince  himself 
that  he  had  lost  ground  with  the  people,  by  his  tardy 
acquiescence  in  their  wishes  in  respect  to  a  conven 
tion.  Many  of  his  friends,  too,  were  anxious  that  he 
should  dare  the  popular  ordeal,  not  doubting  but  that 
he  would  be  triumphantly  sustained.  He  ardently  de 
sired  to  witness  the  fruits  of  his  canal  policy  in  the 
station  he  then  filled,  and  to  see  the  important  works 
in  progress  fully  completed  under  his  auspices.  But  it 
was  impossible  to  blind  his  eyes  to  the  true  state  of  the 
case.  His  friend,  Judge  Spencer,  had  opposed  with  all 
his  ability  the  popular  reforms  adopted  in  the  conven 
tion,  and  a  great  share  of  the  odium  naturally  fell  upon 
him.  Following  the  advice  of  his  more  sagacious 
friends,  and  the  counsel  of  his  own  better  judgment,  he 
ultimately  resolved  to  retire.  Lest  it  might  be  said  he 
had  been  driven  ingloriously  from  office,  a  public  meet 
ing  of  his  friends  was  called  in  the  city  of  Albany,  at 
which  a  committee,  consisting  of  Ephraim  Hart,  Peter 
Gansevoort,  and  others,  was  appointed  to  solicit  his 
consent  to  become  a  candidate  for  reelection.  In  reply 
to  the  committee,  he  signified  his  intention  positively 
to  retire  from  public  life ;  and  on  the  1st  day  of  Janu 
ary,  1823 — the  civil  year  having  been  changed  so  as 
to  correspond  with  the  calendar  year,  by  the  new  con 
stitution — he  was  succeeded  by  Judge  Yates,  who  had 
been  chosen  governor  at  the  November  election. 


296  DE   WITT    CLINTON. 

Though  he  had  retired  from  the  gubernatorial  chair, 
Mr.  Clinton  did  not  vacate  the  office  of  Canal  Commis 
sioner,  but  continued  to  devote  even  a  greater  portion 
of  his  time  and  attention  to  the  important  public  works 
in  progress.  The  subject  of  internal  improvements  en 
grossed  a  large  share  of  his  thoughts.  All  over  the 
Union  he  was  known  as  a  public  benefactor,  whose 
energy,  foresight  and  sagacity,  had  achieved  a  great 
deal  for  his  native  state,  and  promised  to  bless  and  en 
rich  her  for  all  time  to  come.  His  correspondence  with 
the  projectors  of  improvements  in  this  country  and  in 
England  was  very  extensive,  and  his  advice  and  his 
opinions  were  eagerly  sought  for  in  every  quarter. 
Much  of  his  time,  too,  was  spent  in  those  scientific 
studies  and  pursuits,  which  never  failed  to  cheer  and 
delight  him  amid  the  busy  strife  and  confused  turmoil 
of  politics.  Like  Maecenas  he  loved  to  mingle  the 
charms  of  literature  with  the  cares  of  state ;  yet  he 
was  not  content  with  being  the  mere  patron  of  scholars 
— he  was  himself  a  ripe  scholar  and  a  sound  one. 

The  presidential  contest  of  1824  will  not  soon  pass 
from  the  memory  of  the  American  people.  Its  many- 
sided  aspects  proceeded  naturally  from  the  harmonizing 
policy  of  Mr.  Monroe ;  and,  perhaps,  it  was  a  fitting 
introduction  to  the  reorganization  of  parties, — for  all 
the  political  elements  were  aroused,  as  was  necessary 
before  the  negative  could  be  succeeded  by  the  positive, 
and  when  they  subsided,  two  distinct  parties  were  wit 
nessed,  with  the  lines  between  them  broadly  defined. 


RE-NOMINATION.  297 

Mr.  Clinton  was  the  first  prominent  man  in  the  northern 
states  who  declared  himself  friendly  to  General  Jack 
son.  It  is  probable  that  he  might  have  looked  forward 
to  the  succession,  and,  regarding  Mr.  Adams  as  his 
natural  rival  in  this  section  of  the  Union,  was  prejudiced 
against  him  in  advance.  He  took  no  active  part  in 
politics ;  but  from  the  first  favored  the  movement  look 
ing  to  a  change  in  the  mode  of  choosing  presidential 
electors.  In  1802,  he  had  proposed  in  the  State  Senate 
to  amend  the  federal  constitution  so  that  electors  should 
be  chosen  by  the  people  in  districts ;  and  while  gover 
nor,  in  his  speech  at  the  commencement  of  the  extra 
session  in  November  1820,  he  recommended  that  a 
state  law  should  be  passed  providing  for  the  choice  of 
the  electors  by  the  people,  by  general  ticket,  to  con 
tinue  in  force  till  the  constitution  of  the  United  States 
should  be  amended  as  he  had  before  proposed. 

In  the  fall  of  1823,  and  throughout  the  following 
year,  the  electoral  question  was  the  great  theme  of  dis 
cussion  in  the  state  of  New  York.  Its  original  agita 
tors  were  bucktails,  who  were  opposed  to  Mr.  Craw 
ford  ;  and  the  Clintonians,  being  all  Adams  men  or 
friends  of  General  Jackson,  immediately  fell  in  with 
them.  Mr.  Clinton  was  very  anxious,  as  were  all  his 
intimate  friends,  that  he  should  again  become  governor 
of  the  state,  and  in  the  summer  of  1824  great  efforts 
were  made  to  secure  his  nomination  by  "  the  people's 
party,"  as  those  who  advocated  the  choice  of  the  elec 
tors  by  the  people  were  called.  These  efforts  proved 

13* 


298  DE    WITT    CLINTON. 

successful,  and  Mr.  Clinton  was  nominated  at  a  state 
convention  of  the  friends  of  the  proposed  change  in  the 
electoral  law,  over  James  Talhnadge,  a  bucktail,  and 
one  of  the  original  founders  of  "  the  people's  party." 

Two  years  previous,  Mr.  Clinton's  popularity  had 
declined  so  much,  that  it  was  not  thought  advisable  to 
bring  him  before  the  people  as  a  candidate ;  but  now 
his  friends  had  seized  the  thunder  of  the  original  "  peo 
ple's  men,"  and  were  bearing  him  along  triumphantly. 
Apparently,  this  change  in  his  fortunes  would  seem  to 
have  been  produced  by  his  early  advocacy  of  the  pro 
posed  measure  ;  but  this  was  not  the  case.  Just  before 
the  close  of  the  session  of  the  legislature  in  the  spring 
of  1824,  he  had  been  removed  from  the  office  of  Canal 
Commissioner  by  the  bucktails ;  the  people's  men  be 
longing  to  that  party,  as  well  as  those  opposed  to  chang 
ing  the  electoral  law,  voting  for  the  removal. 

No  cause  was  assigned  for  removing  Mr.  Clinton, 
and  the  course  of  the  majority  was  denounced  in  strong 
and  eloquent  terms  by  his  friends  in  the  legislature. 
The  policy  of  the  removal  was  defended  strictly  on 
party  grounds ;  for  in  any  other  view,  it  could  not  for 
a  moment  be  contended  that  it  was  right  or  proper  to 
eject  him  from  an  office  appropriately  bestowed  on  so 
early  a  friend  of  the  Canals.  Much  has  been  said,  then 
and  since,  upon  this  question.  The  removal  was  un 
questionably  an  injudicious  display  of  party  spirit,  but 
it  could  not  be  called  positively  unjust,  for  Mr,  Clinton 
had  very  few  compunctions  in  regard  to  the  removal 


REMOVAL    AS    CANAL    COMMISSIONER.  299 

of  his  opponents  from  office.  He  never  asked  any 
favors  in  this  respect,  as  he  never  granted  any.  To 
the  people,  however,  it  seemed  like  striking  a  fallen 
enemy.  On  the  spur  of  the  moment  large  meetings  of 
his  friends  were  called  in  the  principal  cities  in  the 
state,  and  resolutions  were  adopted  unequivocally  con 
demning  the  proceedings  of  the  legislature. 

Public  sympathy  once  fairly  aroused  in  behalf  of 
Mr.  Clinton,  the  old  benefactor  and  friend  of  the  peo 
ple  and  the  state,  it  was  impossible  to  stem  the  tide. 
The  bucktails  nominated  Samuel  Young,  who  had  ex 
pressed  himself  favorable  to  the  choice  of  the  electors 
by  the  people,  and  well  known  as  a  friend  of  the  ca 
nals,  and  they  entered  into  the  contest  with  unusual 
energy  and  spirit.  But  the  current  had  set,  and  its 
course  could  not  be  changed.  Nearly  two  hundred 
thousand  votes  were  cast  for  governor,  and  Mr.  Clin 
ton  was  borne  into  office  by  a  majority  of  over  sixteen 
thousand. 

His  term  of  office  commenced  on  the  1st  day  of 
January,  1825.  The  first  message  from  his  pen  con 
tained  a  long  and  able  exposition  of  his  views  upon 
the  subject  of  internal  improvements.  He  advised  the 
creation  of  a  board  to  have  cognizance  of  such  mat 
ters,  and  recommended  an  extensive  system  of  canals. 
In  relation  to  the  mode  of  choosing  the  presidential 
electors,  he  repeated  the  views  he  had  before  express 
ed.  He  congratulated  his  fellow-citizens  upon  the 
important  beneficial  changes  made  by  the  new  con- 


DE    WITT    CLINTON. 

stitution,  and  particularly  the  abolition  of  the  council 
of  appointment.  Other  reforms  he  thought  were  ad 
visable,  and  he  recommended  the  further  extension  of 
the  right  of  suffrage  and  the  election  of  justices  of  the 
peace  by  the  people.  Both  these  recommendations 
were  subsequently  approved  by  the  legislature  and 
their  constituents,  and  the  constitution  was  amended 
in  accordance  with  his  suggestions. 

In  February,  1825,  President  Adams  tendered  the 
English  mission  to  Mr.  Clinton.  The  Clintonian 
Adams  men  urged  him  strongly  to  accept  the  proffered 
appointment,  but  his  confidential  friends  advised  him 
against  it.  This  advice  was  hardly  needed,  for  it  was 
so  palpably  a  scheme  to  get  rid  of  him  before  the  next 
presidential  election,  that  he  did  not  hesitate  promptly 
to  decline  the  appointment.  It  was  justly  feared  that 
he  might  soon  become  a  formidable  rival  to  Mr.  Adams, 
for  his  popularity  was  now  rapidly  on  the  increace. 

After  the  adjournment  of  the  legislature,  and  tow- 
ard  the  latter  part  of  May,  Mr.  Clinton  visited  Phila 
delphia,  where  he  was  received  with  great  respect,  and 
complimented  with  a  public  dinner.  Shortly  after  this, 
he  was  honored  by  a  formal  invitation  from  the  state 
of  Ohio  to  be  present  at  the  ceremony  of  breaking 
ground  on  her  magnificent  canal.  The  invitation  was 
accepted,  and,  in  company  with  several  friends,  he  com 
menced  his  western  tour.  The  highest  honors  awaited 
him  in  the  Buckeye  state,  and  as  the  day  appointed  for 
the  ceremony  was  the  anniversary  of  independence, 


CANAL    CELEBRATION.  301 

a  vast  concourse  of  people  assembled  to  greet  him. 
When  he  rose  to  address  them,  says  an  eye-witness, 
the  entire  mass,  "by  one  simultaneous  movement, 
which  could  only  have  been  prompted  by  one  common 
absorbing  emotion  of  respect,  rose  from  their  seats."* 
Mr.  Clinton  was  sensibly  touched  by  this  mark  of  re 
spect,  and  could  with  difficulty  give  utterance  to  his 
thanks.  From  Ohio  he  proceeded  to  Louisville,  Ken 
tucky,  where  a  public  dinner  was  tendered  to  him  and 
accepted. 

The  year  was  destined  to  be  one  of  continued  jubi 
lees  and  rejoicings.  Returning  from  the  west,  Mr- 
Clinton  had  the  prouder  satisfaction  of  taking  part  in 
the  celebration  of  his  own  state.  Early  in  October, 
1825,  it  was  announced  that  the  Erie  Canal  would  be 
in  readiness  on  the  26th  instant,  to  permit  the  passage 
of  boats  from  Buffalo  to  the  Hudson ;  and  extensive 
preparations  were  made  for  honoring  the  occasion  as 
best  became  it.  Cannon  of  large  calibre  were  sta 
tioned,  at  proper  intervals,  along  the  canal  and  river, 
from  Buffalo  to  Sandy  Hook,  to  announce  the  depart 
ure  of  the  first  boat  from  Lake  Erie  to  tide- water,  and 
to  keep  up  continuous  salutes.  "  At  nine  o'clock  on 
the  morning  of  the  26th,  a  procession  was  formed  in 
front  of  the  court-house  [Buffalo.]  It  consisted  of  the 
governor  and  lieutenant-governor  of  the  state,  the 
New  York  delegation,  delegations  from  villages  along 
the  whole  line  of  the  canal,  various  societies  of  me- 

*  Eulogy  of  Alfred  Conkling,  1828. 


DE    WITT    CLINTON. 

chanics  with  appropriate  banners,  and  citizens  gener 
ally;  the  whole  escorted  by  the  Buffalo  band,  and 
Capt.  Rathbun's  rifle  company.  The  procession  moved 
down  Main  street  to  the  head  of  the  canal,  where  the 
pioneer  boat,  the  '  Seneca  Chief,'  was  in  waiting- 
The  governor  and  lieutenant-governor,  and  the  com 
mittees,  including  that  of  Buffalo,  were  received  on 
board.  *  *  *  *  All  things  being  in  readiness,  the 
signal  gun  was  fired,  and  continuing  along  from  gun 
to  gun,  in  rapid  succession,  in  one  hour  and  twenty 
minutes  the  citizens  of  New  York  were  apprised  that 
a  boat  was  departing  from  the  foot  of  Lake  Erie,  and 
was  on  its  way  '  traversing  a  new  path  to  the  Atlantic 
Ocean.'  The  Seneca  Chief  led  off  in  fine  style, 
drawn  by  four  gray  horses  fancifully  caparisoned. 
Three  boats,  the  Perry,  Superior,  and  Buffalo,  fol 
lowed."* 

Thus,  like  the  Roman  conqueror  honored  with  a 
triumph,  was  Mr.  Clinton  borne  along  toward  the  Capi 
tal.  Celebrations  and  addresses,  bonfires  and  rejoic 
ings,  marked  his  progress  to  the  Hudson.  From  Albany 
he  proceeded  down  the  river  to  New  York,  and  accom 
panied  by  an  immense  fleet  of  boats  and  steamers, 
three  miles  in  circumference,  sailed  through  the  bay 
and  Narrows  to  Sandy  Hook,  where,  from  the  deck  of 
a  vessel,  he  emptied  a  keg  of  water  brought  from  Lake 
Erie  on  the  Seneca  Chief  into  the  Atlantic  Ocean,  ac 
companying  the  act  with  appropriate  remarks.  With 
*  Turner's  History  of  the  Holland  Purchase,  p.  634. 


REELECTION.  303 

this  ceremony,  reminding  one  of  the  spousals  of  the 
Adriatic,  closed  the  protracted  celebration. 

While  Governor  Clinton  was  enjoying  the  honors 
and  commendations  so  well  deserved,  the  bucktails 
were  busily  preparing  for  the  fall  election.  This  took 
place  in  November,  and  resulted  in  their  complete  res 
toration  to  their  former  ascendency  in  the  state  legis 
lature. 

It  is  impossible  to  disguise  the  fact,  that  the  governor 
sought  to  strengthen  himself  by  recommending  improve 
ments  in  various  sections  of  the  state.  In  1825  he  had 
advised  the  construction  of  a  state  road  from  Lake 
Erie  to  the  Hudson,  through  the  south-western  tier  of 
counties,  and  the  recommendation  was  repeated  in  his 
annual  message  in  1826.  He  thought  the  question 
should  never  be  asked,  whether  a  proposed  improve 
ment  would  ever  afford  sufficient  revenue  to  repay  the 
cost  of  construction,  but  that  the  inquiry  should  be, 
whether  the  public  benefit  would  be  promoted.  These 
opinions  were  controverted  with  much  ability  by 
Colonel  Young  as  a  member  of  the  Canal  board,  and 
they  would  seem  properly  to  belong  to  the  enthusiastic 
rather  than  the  practical  statesman.  Like  other  men, 
Mr.  Clinton  had  his  hobbies,  and  sometimes  rode  them 
till  they  would  bear  him  no  longer.  His  views  have, 
since  his  day,  found  many  advocates,  though  they  have 
never  been  approved  by  the  great  body  of  the  people 
of  the  state. 

Toward  the  close  of  Mr.  Clinton's  term,  it  became 


304  DE   WITT    CLINTON. 

evident  to  intelligent  and  reflecting  politicians,  that  a 
new  organization  of  parties  would  take  place.  Mr. 
Van  Buren  and  his  particular  friends  among  the  buck- 
tails  were  preparing  to  support  General  Jackson  for 
the  next  presidency,  in  opposition  to  Mr.  Adams,  and 
it  was  well  known  that  Mr.  Clinton  concurred  with 
them  in  sentiment.  No  positive  or  definite  under 
standing  was  ever  had  between  Mr.  Clinton  and  Mr. 
Van  Buren,  or  their  confidential  friends,  with  reference 
to  their  acting  together  in  the  support  of  General  Jack 
son  ;  but  it  was  tacitly  understood  that  they  agreed  in 
opinion  on  the  presidential  question,  and  this  produced 
a  more  friendly  state  of  feeling  between  them.  Edwin 
Croswell,  the  editor  of  the  Albany  Argus,  Benjamin 
Knower,  the  former  state  treasurer,  and  other  leading 
bucktails  and  friends  of  Mr.  Van  Buren,  occasionally 
dined  with  Mr.  Clinton ;  and  the  particular  friends  of 
the  latter  were  appointed  by  him,  in  several  instances, 
to  important  offices,  and  confirmed  by  the  republican 
majority  in  the  Senate,  because  they  were  known  to 
be  Jackson  men. 

The  rank  and  file  of  the  bucktail,  or  republican 
party,  were  still  decidedly  hostile  to  Mr.  Clinton  ;  and 
this  was  also  the  case  with  the  prominent  men  among 
them  who  were  friendly  to  Mr.  Adams.  It  was  the 
policy  of  Mr.  Van  Buren  and  his  Jackson  friends  to 
bring  over  the  great  body  of  the  party  to  the  support 
of  their  favorite,  and  this  they  were  ultimately  enabled 
to  do,  for  the  Clintonians,  having,  for  the  most  part, 


SUPPORT  OP  GENERAL  JACKSON.         305 

originally  been  federalists,  were  inclined  to  sustain  Mr. 
Adams.  Some  few  of  the  latter  were  prepared  to  come 
out  openly  for  General  Jackson,  whenever  Mr.  Clinton 
gave  the  word,  but  matters  were  not  considered  ripe  in 
1826.  Accordingly,  the  bucktails  nominated  William 
B.  Rochester  as  their  candidate  for  governor,  and  the 
Clintonians  put  their  favorite  once  more  in  nomination. 
The  bucktail  candidate  for  lieutenant-governor,  Na 
thaniel  Pitcher,  was  a  Jackson  man  and  a  friend  to  the 
state  road,  while  the  Clintonian  candidate,  Henry  Hunt- 
ington,  was  an  Adams  man  and  not  favorable  to  the 
construction  of  the  proposed  road.  Judge  Rochester 
was  also  an  Adams  man  and  unfriendly  to  the  road. 
In  the  city  of  New  York,  the  more  zealous  Jackson 
men  openly  supported  Mr.  Clinton  and  Mr  Pitcher, 
and  many  Clintonian  Adams  men  voted  for  Judge 
Rochester.  But  the  two  parties  generally  supported 
their  respective  nominations,  except  in  the  southern 
and  south-western  counties,  where  the  friends  of  the 
state  road  gave  Mr.  Clinton  and  Mr.  Pitcher  a  heavy 
vote  and  thus  secured  their  election. 

In  the  legislature  of  1827,  the  bucktails  had  a  large 
majority,  and  most  of  the  members  belonging  to  that 
party  were  likewise  Jackson  men.  Mr.  Van  Buren 
was  now  a  candidate  for  reelection  to  the  United  States 
Senate,  and  was  duly  chosen  to  that  office,  with  the 
votes,  too,  of  the  Clintonian  Jackson  men.  Immedi 
ately  after  this  result,  the  confidential  friends  of  Mr. 
Clinton  and  Mr.  Van  Buren  openly  announced  their 


306  DE    WITT    CLINTON. 

intention  to  support  General  Jackson,  and  in  a  few 
months  the  old  republican  party  was  once  more  re 
united.  A  number  of  Mr.  Clinton's  personal  friends 
who  had  been  federalists  continued  to  adhere  to  him, 
but  most  of  the  original  members  of  that  party  still  on 
the  stage  of  action,  arrayed  themselves  on  the  side  of 
Mr.  Adams.  Some  few  of  the  bucktails,  also,  took  the 
same  ground,  though  nearly  all  decided  to  follow  the 
fortunes  of  Mr.  Van  Buren.  Here  and  there  were  in 
dividual  exceptions,  but,  as  a  general  rule,  the  new 
Adams  and  Jackson  parties,  in  the  state  of  New  York, 
were  thus  organized. 

Efforts  were  made  in  the  state  of  Virginia  and  in 
New  York,  as  well  as  in  some  of  the  western  states,  to 
bring  forward  Mr.  Clinton  for  the  presidency,  but  he 
was  not  disposed  again  to  hazard  his  cause  prema 
turely,  and  therefore  resisted  all  the  importunities  of  his 
friends.  He  adhered  faithfully  to  General  Jackson,  and 
on  the  8th  day  of  January,  1828,  he  presided  at  a  pub 
lic  dinner  given  in  the  city  of  Albany,  in  honor  of  the 
hero  of  New  Orleans. 

The  second  term  of  Mr.  Clinton  under  the  new  con 
stitution  passed  by  with  few  incidents  of  importance. 
In  his  annual  message  at  the  regular  session  in  1827, 
he  repeated  his  recommendations  in  behalf  of  an  exten 
sive  plan  of  internal  improvements,  though,  at  the  same 
time,  he  advised  the  speedy  extinguishment  of  the  public 
debt.  He  further  recommended,  that  the  banking  system 
of  the  state  should  be  thoroughly  remodelled,  in  order  to 


LAST    MESSAGE.  307 

prevent  ruinous  expansions  and  sudden  contractions  of 
bank  discounts,  and  to  insure  a  sound  paper  currency. 

In  January,  1828,  Governor  Clinton  communicated 
his  last  annual  message  to  the  legislature.  Like  all  his 
state  papers,  it  was  able  and  interesting.  He  again  re 
commended  additional  internal  improvements,  and  the 
construction  of  lateral  and  tributary  canals.  The  en 
couragement  of  domestic  manufactures,  to  which  he 
was  ever  friendly,  and  the  agricultural  condition  and  re 
sources  of  the  state,  were  prominent  topics  discussed  in 
the  message.  But  its  crowning  feature  was  his  eloquent 
remarks  in  regard  to  common  schools.  This  subject  had 
ever  been  one  in  which  he  had  taken  deep  interest,  and 
his  "last  words"  in  regard  to  it  are  worthy  to  be  preserved. 

He  recommended  the  establishment  of  schools  for 
the  instruction  of  teachers  in  each  county  town  in 
the  state,  and  called  the  attention  of  the  legislature  to 
the  importance  of  providing  in  a  suitable  manner  for 
all  classes  of  youth,  whether  rich  or  poor,  high  or  hum 
ble,  the  youngest  as  well  as  those  who  were  more  ad 
vanced  in  years.  "  That  part  of  the  revised  laws 
relative  to  common  schools,"  he  remarked,  "  is  operative 
on  this  day,  and  presents  the  system  in  an  intelligible 
shape,  but  without  those  improvements  which  are  re 
quisite  to  raise  the  standard  of  instruction,  to  enlarge 
its  objects,  and  to  elevate  the  talents  and  qualifications 
of  the  teachers.  It  is  understood  that  Massachusetts 
has  provided  for  these  important  cases ;  but  whether 
the  experiment  has  as  yet  been  attended  with  promis- 


308  DE    WITT    CLINTON. 

ing  results,  is  not  distinctly  known.  It  may,  however, 
be  taken  for  granted,  that  the  education  of  the  body  of 
the  people,  can  never  attain  the  requisite  perfection, 
without  competent  instructors  well  acquainted  with  the 
outlines  of  literature  and  the  elements  of  science.  And 
after  the  scale  of  education  is  elevated  in  common 
schools,  more  exalted  improvements  ought  to  be  en 
grafted  into  academical  studies,  and  proceed  in  a  cor 
respondent  and  progressive  ascent  to  our  colleges. 

"  In  the  meantime,  I  consider  it  my  duty  to  recom 
mend  a  law,  authorizing  the  supervisors  of  each  county 
to  raise  a  sum  not  exceeding  two  thousand  dollars, 
provided  the  same  sum  is  subscribed  by  individuals,  for 
the  erection  of  a  suitable  edifice  for  a  monitorial  high 
school,  in  the  county  town.  I  can  conceive  of  no 
reasonable  objection  to  the  adoption  of  a  measure  so 
well  calculated  to  raise  the  character  of  our  school 
masters,  and  to  double  the  powers  of  our  artisans,  by 
giving  them  a  scientific  education.  The  fixing  the 
building  in  the  county  town,  will  save  local  conflicts, 
and,  as  the  execution  of  the  law  will  be  discretionary 
with  the  supervisors,  they  may  advance  to  the  object 
with  the  propitiating  progress  of  public  sentiment.  *  *  * 

"  Permit  me  to  solicit  your  attention  to  the  two  ex 
tremes  of  education — the  highest  and  the  lowest :  And 
this  I  do,  in  order  to  promote  the  cultivation  of  those 
whom  nature  has  gifted  with  genius,  but  to  whom  for 
tune  has  denied  the  means  of  education.  Let  it  be 
our  ambition,  (and  no  ambition  can  be  more  laudable) 


309 

to  dispense  to  tne  obscure,  the  poor,  the  humble,  the 
friendless,  and  the  depressed,  the  power  of  rising  to 
usefulness,  and  acquiring  distinction.  With  this  view, 
provision  might  be  made  for  the  gratuitous  education 
in  our  colleges,  of  youth  eminent  for  the*  talents  they 
have  displayed,  and  the  virtues  they  have  cultivated  in 
the  subordinate  seminaries.  This  would  call  into  ac 
tivity  all  the  faculties  of  genius,  all  the  efforts  of  in 
dustry,  all  the  incentives  to  ambition,  and  all  the 
motives  to  enterprise,  and  place  the  merits  of  transcen 
dent  intellect  on  a  level  at  least  with  the  factitious 
claims  of  fortune  and  ancestry." 

The  conclusion  of  his  message  was  in  his  happiest 
style,  and  was  both  beautiful  and  impressive.  Bearing 
in  mind  how  soon  he  was  summoned  to  join  the  assem 
bly  of  the  dead,  it  seems  like  the  last  admonition  of  a 
dying  patriot.  "  We  are  inhabitants,"  said  he,  "  of  the 
same  land,  children  of  the  same  country,  heirs  of  the 
same  inheritance,  connected  by  identity  of  interest, 
similarity  of  language  and  community  of  descent,  by 
the  sympathies  of  religion,  and  by  all  the  ligaments 
which  now  bind  man  to  man  in  the  closest  bonds  of 
friendship  and  alliance.  Let  us  then  enter  on  the  dis 
charge  of  our  exalted  and  solemn  duties,  by  a  course 
of  conduct  worthy  of  ourselves  and  our  country ;  which 
will  deserve  the  applause  of  our  constituents,  insure 
the  approbation  of  our  own  consciences,  and  call  down 
the  benediction  of  the  Supreme  Ruler  of  the  Universe." 

On  the  morning  of  the  llth  of  February,  1828,  Mr. 


,310  DE    WITT    CLINTON. 

Clinton  was  in  the  Executive  Chamber  at  the  capitol, 
apparently  enjoying  his  usual  good  health.  After  trans 
acting  his  customary  business  he  returned  home.  Hav 
ing  dined,  he  repaired  to  his  study,  wrote  up  his  diary, 
read  his  letters  and  wrote  several  in  reply.  He  then 
engaged  in  conversation  with  two  of  his  sons  who  were 
present ;  but  all  at  once  he  paused,  and  complained  of 
a  severe  stricture  across  his  chest.  His  head  almost 
immediately  fell  back  upon  his  chair,  and  long  before 
a  physician  could  be  called,  he  was  beyond  the  reach 
of  medicine.  His  death  seemed  to  be  instantaneous, 
and  his  countenance  underwent  no  change ;  "  there  was 
no  struggle  or  convulsion ;  the  color  of  his  cheeks  was 
unchanged,  and  his  departure  was  quiet  as  if  he  had 
dropped  asleep."  * 

His  decease  was  occasioned  by  a  catarrhal  affection 
of  the  throat  and  chest,  which  had  been  long  neglected, 
and  produced  a  fatal  disease  of  the  heart. 

So  ended  the  career — thus  suddenly  and  unexpect 
edly — of  one  of  the  greatest  men  New  York  has  ever 
produced.  When  his  prospects,  once  clouded,  seemed 
brightening  happily,  in  an  instant  the  hopes  of  his 
friends  were  crushed,  and  his  life  was  ended.  It  is 
needless  to  say  that  the  shock  was  universally  felt. 
Sorrow  for  the  loss  of  such  a  man  was  no  transient 
emotion,  to  be  indulged  for  a  moment,  and  then  dismiss 
ed  forever.  Political  opponents  and  friends  mourned 
together.  At  Washington  the  members  of  Congress 

*  Renwick'a  Life  of  Clinton,  p.  296. 


HIS    FAMILY. 


311 


from  this  state  were  addressed  by  Mr.  Van  Buren  in 
eloquent  and  forcible  language.  Eulogies  were  pro 
nounced  in  all  the  cities  and  principal  towns  in  the 
state.  The  legislature  being  in  session,  ample  provision 
was  made  for  the  funeral  ceremonies,  and  his  body  was 
borne  to  the  tomb  amid  all  the  pageantry  of  woe, — amid 
tears  and  regrets  that  could  not  be  stifled  or  suppressed. 

Mr.  Clinton  was  twice  married.  His  first  wife  was 
Maria  Franklin,  the  eldest  daughter  of  Walter  Frank 
lin,  an  eminent  merchant  of  the  city  of  New  York. 
By  her  he  had  seven  sons  and  three  daughters.  Four 
of  his  sons  and  two  daughters  survived  him.  One  of 
the  sons,  Charles  A.  Clinton,  was  for  many  years  the 
clerk  of  the  Superior  Court  in  the  city  of  New  York ; 
another,  George  W.  Clinton,  is  a  prominent  lawyer  in 
Buffalo,  and  has  been  mayor  of  the  city  and  United 
States'  district  attorney  for  the  northern  district  of 
New  York.  Mr.  Clinton's  second  wife  was  Catharine 
Jones,  the  daughter  of  Thomas  Jones,  a  physician  in 
the  city  of  New  York,  whom  he  married  in  1819.  By 
his  first  wife  Mr.  Clinton  received  a  large  fortune,  but 
for  many  years  previous  to  his  decease,  his  pecuniary 
affairs  were  embarrassed.  He  never  made  use  of  his 
official  positions  to  amass  wealth,  and  he  was  much  too 
liberal  and  too  generous  to  possess  a  very  large  share 
of  the  faculty  of  accumulation.  He  died  poor,  and 
the  legislature  voted  the  sum  of  ten  thousand  dollars 
as  a  provision  for  his  minor  children. 

In  person  Mr.  Clinton  was  well  calculated  to  attract 


312 


DE    WITT    CLINTON. 


attention,  and  to  command  respect.  His  features  were 
finely  moulded.  His  forehead  was  broad  and  full,  and 
his  eyes  keen  and  penetrating.  His  countenance  was 
highly  expressive,  and  presented  a  happy  combination 
of  the  grace  of  beauty  and  the  dignity  of  intelligence. 

His  traits  of  character,  like  his  political  course,  have 
been  differently  viewed  by  his  friends  and  opponents. 
His  eulogists  and  biographers  seem  to  have  been  entirely 
possessed  with  feelings  of  admiration ;  and  the  por- 
traituie  of  Mr.  Hammond,  who  claims  to  be  impartial, 
is  much  like  an  imbroglio.  At  one  time  no  language 
can  be  sufficiently  "  intense"  to  give  full  expression  to 
his  praises;  and  at  another,  apparently  through  fear 
lest  he  should  be  charged  with  partiality,  he  displays  all 
his  little  weaknesses  in  bold  relief.  He  accords  to  him 
every  characteristic  of  greatness,  and  then  blackens 
his  memory  with  the  most  perfect  nonchalance. 

Mr.  Hammond  says  that  "  among  the  mass  of  his 
fellow-citizens,"  Mr.  Clinton  was  "  personally  unpopu 
lar  ;"  *  and  in  reply  to  this,  Judge  Spencer  declares 
that  he  was  "the  most  popular  man  of  his  time."t 
His  life  affords  abundant  evidence  that  Mr.  Hammond 
is  mistaken.  No  public  man  of  New  York  has  ever 
had  warmer  or  more  attached  friends,  or  enjoyed  a 
higher  degree  of  personal  popularity.  It  may  be  that 
there  was  nothing  peculiarly  winning  about  him,  and 
that  he  was  more  calculated  to  excite  admiration  than 

*  Political  History  of  New  York,  vol.  ii.  p.  270. 
|  Defence  of  Judge  Spencer,  1843. 


TRAITS    OF    CHARACTER.  313 

love.  But  popularity  may  have  its  rise  in  either  emo 
tion.  At  every  step  of  his  career,  it  is  apparent  that 
the  man  was  worshipped  more  than  his  principles. 

His  habits  were  those  of  the  student.  He  was  an 
early  riser,  and  unusually  industrious.  Naturally 
diffident,  and  inclined  to  fits  of  abstraction,  as  is  very 
common  with  hard  students  and  profound  and  intense 
thinkers,  his  coldness  was  misunderstood  by  those  who 
could  not  appreciate  him,  and  the  reserve  of  his  man 
ner  was  mistaken  for  dignified  imperiousness.  His 
diffidence  once  overcome,  and  the  barriers  of  his  re 
serve,  which  rarely  offered  more  than  a  feeble  resist 
ance,  broken  down,  he  was  a  social  and  agreeable 
companion.  In  conversation  he  was  rarely  witty,  but 
at  all  times  interesting  and  instructive.  He  was  a  man 
of  strong  feelings,  kind  and  affectionate,  and  generous 
to  a  fault.  Occasionally  he  was  inclined  to  be  queru 
lous,  and  often  unguarded  in  his  speech.  Having  been 
bred  a  politician,  he  was  not  always  frank,  and  only 
opened  himself  fully  to  his  most  intimate  friends.  Yet 
he  was  naturally  urbane  and  courteous,  and  never 
sought  a  personal  altercation  with  any  one  unless  he 
thought  he  had  been  wronged,  when  he  did  not  hesitate 
to  give  full  expression  to  his  feelings. 

In  private  life  he  was  most  exemplary — not  perfect, 
indeed,  for  who  is  perfect — but  in  matters  of  business, 
and  in  his  relations  toward  his  family  and  his  friends, 
he  was  careful  to  discharge  his  duties  aright,  and  if  he 
erred,  the  fault  was  not  in  his  heart. 

14 


314  DE    WITT    CLINTON. 

In  some  of  his  mental  characteristics,  he  was  su 
perior  to  any  of  the  great  men  of  New  York ;  in  others 
their  equal,  and  in  none  below  mediocrity.  He  pos 
sessed  great  moral  courage ;  was  ardent  and  indefati 
gable,  pertinacious  and  inexorable.  He  had  alike  the 
boldness  and  versatility  of  Shaftesbury,  and  though  he 
"  often  changed  his  associates,  he  never  changed  his 
purposes."  His  intellect  was  gigantic,  yet  it  wanted 
simplicity.  His  views  of  human  nature  were,  for  a 
politician,  extremely  broad  and  liberal,  comprehensive 
and  enlarged;  and  no  narrow  prejudices  contracted 
"  the  capacious  breadth  of  his  sleepless  mind." 

Allusion  has  been  made  to  his  character  as  a  student, 
and  to  the  extent  and  variety  of  his  studies.  It  cannot 
be  said  that  he  was  thoroughly  versed  or  a  proficient 
in  all,  because  one  life  could  scarcely  compass  so  vast 
an  amount  of  knowledge.  His  education  was  an  ex 
cellent  elementary  one,  and  upon  this  foundation  he 
reared  a  noble  superstructure.  Like  Carteret,  he  was 
a  profound  scholar,  fond  of  admiration,  and  ambitious 
to  achieve  a  literary  reputation.  In  every  department 
of  science,  if  not  entirely  at  home,  he  had  made  valu 
able  and  extensive  acquisitions.  Educated  men  abroad 
and  at  home  were  his  correspondents  and  friends,  and 
his  talents  and  acquirements  were  honored  wherever 
he  was  known.  He  was  the  president  of  the  Academy 
of  Fine  Arts,  and  of  the  New  York  Literary  and 
Philosophical  Society,  and  an  honorary  member  of  the 
Linnean  and  Horticultural  Societies  of  London.  In 


ATTAINMENTS    AS    A    SCHOLAR.  315 

1812,  Rutgers*  College  conferred  upon  him  the  degree 
of  doctor  of  laws,  and  in  1824  Columbia  College  hon 
ored  him  with  the  same  distinction. 

Himself  a  scholar,  he  was  ever  a  steadfast  friend  to 
the  diffusion  of  education  among  the  masses.  Institu 
tions  of  learning  of  every  class  and  grade  found  him  a 
patron  and  benefactor.  He  was  particularly  interested 
in  common  schools.  As  secretary  of  the  Regents  of 
the  University,  he  drew  up  the  report  in  favor  of  the 
incorporation  of  Union  College,  which  contained  "  the 
earliest  official  recommendation  of  the  establishment 
of  schools,  by  the  legislature,  for  the  common  branches 
of  education."*  As  a  legislator  he  aided  in  establish 
ing  the  system  which  is  now  the  pride  of  our  state ; 
and  it  was  strengthened  and  perfected,  in  pursuance  of 
his  recommendations,  and  under  his  auspices,  while 
occupying  the  gubernatorial  chair. 

Though  Mr.  Clinton  possessed  the  learning  of  Scae- 
vola,  he  lacked  his  eloquence.  His  manner  as  a 
speaker  was  energetic  and  forcible,  but  not  graceful. 
As  a  writer  his  style  was  polished  and  correct,  yet  it 
was  almost  too  elaborate.  It  had  the  energy  of  Mon 
taigne,  but  not  the  gloss,  or  brilliancy,  or  eloquence,  of 
the  classic  models  of  the  Augustan  age  which  he  imi 
tated.  The  finish  of  the  workman  was  perfect  and 
complete,  yet  he  wanted  the  art  to  conceal  his  labor. 

Beside  his  state  papers  and  decisions  as  a  member  of 

*  Account  of  the  First  Semi-Centennial  Anniversary  of  Union 
College,  (1845)  p.  112,  note. 


316  DB    WITT    CLINTON. 

the  Court  of  Errors,  and  the  speeches  and  addresses 
before  mentioned,  he  left  behind  him  an  address  before 
the  Free  School  Society  of  the  city  of  New  York,  of 
which  he  was  president,  delivered  in  1809 — an  address 
before  the  American  Bible  Society,  of  which  he  was 
subsequently  the  presiding  officer,  delivered  in  1823 — 
and  an  address  before  the  Phi  Beta  Kappa  Society  of 
Union  College,  also  delivered  in  1823.  All  these  pro 
ductions  are  characterized  by  great  ability,  and  afford 
ample  evidence  of  the  capacity  and  richness  of  his 
mind  and  the  extent  of  his  learning. 

He  early  attached  himself  to  the  Masonic  Society, 
and  in  1816  was  unanimously  elected  to  the  highest 
office  in  that  institution  in  the  United  States.  His 
heart  was  full  of  benevolence,  and  no  enterprise  hav 
ing  that  in  view  appealed  to  his  sympathies  in  vain. 

Different  opinions  have  been  entertained  in  regard 
to  his  character  as  a  politician.  This  is  natural, — for 
like  Chatham  he  had  many  incongruities.  He  was  a 
great  statesman,  and  he  had  great  faults  and  great  vir 
tues.  He  abounded  in  opposites,  and  was  full  of  seeming 
contradictions.  Though  he  loved  admiration  and  often 
acted  for  effect,  he  was  not  a  demagogue,  nor  did  he 
delight  in  coquetting  with  "  that  many-headed  monster, 
the  mob."  He  was  fond  of  power,  but  a  conserva 
tive  in  disposition,  and  hated,  equally,  federalism  and 
Jacobinism.  He  was  firm  and  consistent  in  his  prin 
ciples,  yet,  like  Halifax,  an  expert  "trimmer."  He 
was  not  moderate  and  cautious,  and  thus  able  to  keep 


CHARACTER    AS    A    POLITICIAN.  317 

himself  in  office,  as  Burleigh  or  Liverpool,  but  original, 
dashing,  and  dazzling,  like  Bolingbroke  or  Canning. 
He  could  not  endure  a  rival  any  more  than  Sir  Robert 
Walpole,  nor  was  he  disposed,  upon  party  questions,  to 
be  either  courteous  or  liberal  toward  his  political  oppo 
nents.  In  his  own  party  he  was  unwilling  to  own  or  ac 
knowledge  a  superior,  and  he  thought  his  will  should  be 
regarded,  if  for  no  other  reason,  because  it  was  his  will 

He  was  ambitious, — that  need  not  and  cannot  be 
disguised.  Yet  he  loved  his  country  and  her  institu 
tions  in  all  sincerity  and  truth.  In  his  youth  he  spoke 
and  wrote  against  the  adoption  of  the  federal  consti 
tution,  and  throughout  his  life  he  was  a  state-rights  re 
publican.  To  New  York  he  was  warmly  attached. 
Mingled  with  all  his  aspirations  was  his  undying  love 
for  his  native  state.  Toward  her  he  cherished  the  de 
votion  of  a  son ;  and  if,  at  any  time  adopting  her  noble 
motto — "  Excelsior!" — he  purposed  to  rise  higher,  it  was 
his  desire  that  she  should  be  the  companion  of  his  flight. 

New  York,  indeed,  owes  him  a  debt  of  gratitude, 
which  it  will  be  difficult  to  repay.  "  The  greatest  pub 
lic  improvement  of  the  age,"  said  his  distinguished 
rival,  Martin  Van  Buren,  "  was  commenced  under  the 
guidance  of  his  counsels,  and  splendidly  accomplished 
under  his  immediate  auspices."*  "This  state,"  said 
another  prominent  political  opponent,  "  since  the  for 
mation  of  its  government, — nay  more,  since  the  set 
tlement  of  the  country, — has  never  produced  an  indi- 

*  Address  to  the  members  of  Congress  from  New  York,  Feb.  1828. 


318  DB    WITT    CLINTON. 

vidual  who  has  exerted  so  great  an  influence  upon  the 
interests  of  the  state,  or  whose  name  is  more  likely  to 
be  perpetuated  in  history/'* 

It  is,  perhaps,  for  the  interest  he  took  in  works  of 
internal  improvement,  in  promoting  the  welfare  and 
happiness  of  the  American  people,  and  of  the  citizens 
of  his  own  state  in  particular,  that  Mr.  Clinton  will  be 
longest  remembered.  The  fame  of  the  statesman  will 
grow  dim — the  laurels  of  the  warrior  may  fade — but  the 
merits  and  virtues  of  the  public  benefactor  will  live 
forever  in  perennial  bloom.  Much  has  been  said  and 
written,  and  justly  too,  in  disapprobation  of  the  neg 
lect  of  the  people  of  New  York  to  erect  a  suitable 
monument  to  his  memory, — yet  De  Witt  Clinton  needs 
no  monument.  The  benefits  conferred  by  Peter  and 
Alexander  upon  their  country  will  do  more  to  perpetu 
ate  their  names  and  their  fame  than  the  equestrian 
statue  or  the  noble  monolithe  that  adorn  the  Russian 
Capital.  The  Simplon  is  a  far  prouder  monument  to 
the  memory  of  Napoleon,  than  the  Arc  de  1'Etoile. 
So  of  our  Clinton, — the  canals  of  New  York,  and  the 
schools  and  seminaries  of  learning  of  which  he  was 
the  friend  and  patron,  are  his  most  appropriate  monu 
ments.  Of  him  it  may  be  truly  said,  in  the  language 
of  the  inscription  in  St.  Paul's  Cathedral,  in  honor 
of  the  great  English  architect — 

"  Si  monumentum  requiris— circumspice  !" 
*  Remarks  of  Benjamin  F.  Butler  in  N.  Y.  Legislature,  Feb.  1828. 


JiM  flprerner  cf  New  York. 


JOSEPH    C.    YATES. 

AMONG  the  earliest  settlers  at  Schenectady,  or  Cor- 
lear,  as  it  was  styled  in  the  olden  time,  was  Joseph 
Yates,— an  honest,  pains-taking,  and  enterprising  Eng 
lish  yeoman.  He  was  a  native  of  Leeds,  in  Yorkshire, 
and  emigrated  from  the  mother  country  to  the  colony 
of  New  York,  during  the  troubles  between  Charles  I. 
and  his  subjects,  and  shortly  before  the  establishment 
of  the  Commonwealth. 

His  descendants  were  numerous; — but,  although 
they  preserved  the  patronymic  of  their  ancestor,  they 
soon  lost  their  nationality,  in  a  great  degree,  by  frequent 
intermarriages  with  their  Dutch  and  German  neigh 
bors.  The  Yates  figure  conspicuously  in  the  early 
annals  of  our  state,  and  in  the  Revolution  they  were 
staunch  Whigs.  This  was  the  more  remarkable,  be 
cause  the  Tories  were  undoubtedly  the  most  numerous 
in  the  section  of  country  in  which  they  resided  ;  and 
with  some  of  the  prominent  loyalists  they  were  them 
selves  connected  by  marriage.  Nearly  all  the  inhabi 
tants  of  the  valley  of  the  Mohawk,  and  the  intersecting 
vale  of  Schoharie,  of  English  or  Scotch  descent,  were 
Tories  ;  but  the  Germans  and  Dutch,  with  the  excep- 


320  JOSEPH    C.    YATES. 

tion  of  those  families  allied  to  the  Johnsons,  or  under 
their  influence,  were  Whigs. 

Robert  Yates,  one  of  the  first  judges  of  the  Supreme 
Court  of  New  York,  and  subsequently  Chief  Justice ; 
Abraham  Yates,  Jun.,  an  influential  citizen  of  Albany, 
and  afterwards  its  mayor ;  and  Christopher  Yates,  the 
father  of  the  subject  of  this  sketch,  were  cousins,  and 
at  an  early  day  identified  themselves  with  the  great 
movement  which  terminated  in  the  independence  of 
the  American  colonies.  Chief  Justice  Yates  was  a 
member  of  the  Committee  of  Public  Safety,  and  of  the 
convention  that  adopted  the  state  constitution,  in 
1777.  When  a  judicial  appointment  was  tendered  to 
him,  his  practice  as  a  lawyer  was  extensive  and  lucra 
tive.  "  Regardless,  however,  of  private  interest,  he 
entered  upon  the  duties  of  that  office,  rendered  at  the 
time  peculiarly  delicate  and  dangerous.  He  sat  upon 
the  bench,  as  a  writer  has  expressed  it,  '  with  a  halter 
about  his  neck/  exposed  to  punishment  as  a  rebel,  had 
our  efforts  for  emancipation  proved  abortive ;  nor  were 
these  the  least  of  his  dangers.  For  in  counties  ravaged 
or  possessed  by  the  enemy,  or  by  secret  domestic  foes 
watching  every  opportunity  to  ruin  or  betray  their 
country,  he  was  sometimes  obliged  to  hold  his  courts. 
But  no  dangers  could  appal,  nor  fears  deter  him,  from 
a  faithful  and  honest  performance  of  the  functions  of 
his  office."  *  He  represented  New  York  in  the  Phila- 

*  Secret  Proceedings  and  Debates  of  the  Convention  of  1787,  (Rich 
mond,  1839,)  p.  330. 


HIS    PARENTS.  321 

delphia  convention  in  1787,  and  was  also  a  member  of 
the  state  convention  called  to  ratify  the  federal  consti 
tution. 

Abraham  Yates,  Jun.,  was  widely  and  favorably 
known  for  his  active  exertions  in  support  of  the  Whig 
cause  during  the  revolutionary  struggle :  he  wrote  a. 
number  of  spirited  patriotic  articles,  that  were  publish 
ed  over  the  signatures  of '  Sidney '  and  '  Rough- Hewer/ 
and  attracted  much  attention. 

Christopher  Yates  was  one  of  the  leading  men  of 
Schenectady  for  many  years  prior  to  the  Revolution. 
During  the  last  French  and  Indian  war  he  held  a  cap 
tain's  commission  in  the  provincial  troops.  He  took 
part  in  the  unsuccessful  attempt  made  in  1758,  to  dis 
lodge  General  Montcalm  from  his  position  at  Ticon- 
deroga,  and  while  bravely  leading  his  men  to  the  assault 
was  disabled  by  a  severe  wound.  In  the  following 
year,  he  accompanied  the  army  under  General  Pri- 
deaux  and  Sir  William  Johnson,  in  the  expedition 
against  Fort  Niagara,  and  was  present  at  the  capture 
of  that  important  work. 

The  conquest  of  Canada  having  been  effected,  and 
peace  restored,  he  returned  to  his  duties  and  occupa 
tions  as  a  citizen.  Shortly  after  the  termination  of 
hostilities,  he  was  elected  to  the  colonial  legislature, 
and  continued  a  member  of  that  body  for  several  suc 
cessive  years.  In  the  stirring  questions  that  agitated 
the  colonies  previous  to  the  Revolution,  he  was  deeply 
interested,  and  manifested  his  opinions  both  in  action 


21 


322  JOSEPH    C.    YATES. 

and  in  word.  On  all  occasions  he  boldly  and  fearlessly 
advocated  a  determined  resistance  to  the  oppressions 
of  the  English  ministry ;  and  when  peaceful  measures 
had  failed  to  secure  redress  for  the  multiplied  wrongs 
which  the  colonists  had  suffered,  he  was  among  the 
first  to  recommend  a  resort  to  force.  Though  allied 
to  the  notorious  Butlers,  whose  deeds  of  infamy  and 
cruelty  stand  out  in  such  bold  and  dark  relief  on  the 
pages  of  American  history,  he  cherished  no  feeling  or 
principle  in  sympathy  with  them.* 

When  the  first  alarm  was  raised,  his  services  were 
offered  to  his  country.  A  commission  in  the  New 
York  troops  was  tendered  to  him  and  accepted,  and  he 
was  ultimately  promoted  to  the  rank  of  colonel. 
Throughout  the  war  he  was  employed  on  the  northern 
frontier.  He  was  at  the  battle  of  Saratoga,  and  wit 
nessed  the  surrender  of  Burgoyne.  Punctual  and 
faithful  in  the  discharge  of  every  duty,  he  gained  the 
confidence  of  his  superiors,  and  won  the  respect  of 
those  under  his  command. 

Colonel  Yates  married  Jane  Bradt,  whose  memory 
is  at  this  day  affectionately  cherished  by  her  posterity, 
as  that  of  an  excellent  and  pious  woman.  She  was 
descended  from  an  old  and  respectable  Dutch  family 
that  emigrated  to  the  colony  of  New  York,  and  settled 
in  the  lower  valley  of  the  Mohawk,  at  a  very  early 
period.  She  was  the  mother  of  several  children,  sons 
and  daughters.  Of  the  former,  JOSEPH  C.  was  the 

•  Colonel  Yates  wa3  a  brother-in-law  of  the  son  of  Jolin  Butler. 


HIS    BROTHERS.  323 

governor  of  the  state ;  Henry  represented  the  Eastern 
senatorial  district,  for  a  number  of  years,  in  the  legis 
lature  of  New  York,  and  was  a  member  of  the  council 
of  appointment,* — he  was  also  a  delegate  from  the 
county  of  Schenectady  to  the  Convention  of  1821 ; 
John  B.,  recently  deceased,  was  for  a  long  time  a  re 
spectable  and  prominent  citizen  of  Madison  county ; 
and  Andrew,  "  the  conscientious,  punctual,  and  kind- 
hearted,"  f  was  an  eminent  clergyman,  a  professor  in 

*  This  venerable  and  estimable  man,  now  a  resident  of  the  city  of 
Albany,  seems  to  have  incurred  the  especial  displeasure  of  Mr.  Ham 
mond,  with  whom  he  was  associated  as  a  member  of  the  council  of  ap 
pointment  in  1818  ;  and  he  is  described  in  the  Political  History  of  that 
gentleman  as  a  "professed  republican  Clintonian,"  and  a  bargainer  for 
office,  (vol.  i  p.  458,  et  seq.)  These  calumnious  imputations  are  in 
every  respect  unjust  and  undeserved.  Senator  Yates  was  an  honest 
and  high-minded  politician  ;  one  who  could  not  be  tampered  with,  and 
whose  practice  always  corresponded  with  his  profession.  He  had  been 
the  constant  friend  of  De  Witt  Clinton,  and  believed  him  to  be  the  fit 
test  man  in  the  state  for  governor ;  yet  his  devotion  to  the  republican 
party,  and  his  attachment  to  republican  principles,  were  stronger  than 
his  friendship  for  any  man.  He  had  been  selected  for  the  council,  as 
Mr.  Hammond  is  forced  to  admit,  from  necessity ;  and  he  neither  en 
joyed,  nor  desired  to  enjoy,  the  confidence  of  Mr.  Clinton.  He  may 
have  been  regarded  as  a  Clintonian,  but  he  was  also  a  republican ;  and 
he  would  not,  like  Mr.  Hammond,  lend  himself  to  the  views  of  Mr.  Clin 
ton,  who  desired  to  remove  every  republican  from  office  who  was  not 
thoroughly  devoted  to  his  interests.  The  attempt  was  made  in  the 
council  of  1818,  but  defeated  by  the  firmness  of  Mr.  Yates,  who  voted 
with  the  two  Bucktail  members,  and  thus  left  Governor  Clinton  and 
Mr.  Hammond  in  the  minority. 

f  Address  of  Professor  Potter  on  the  Semi-Centennial  Anniversary 
of  Union  College,  July,  1845. 


324  JOSEPH    C.    YATES. 

Union  College,  a  trustee  of  Hamilton  College,  and 
principal  of  "  The  Polytechny"  at  Chittenango.  All 
the  daughters,  with  one  exception,  are  now  deceased. 

JOSEPH  C.  YATES  was  born  at  Schenectady,  on  the 
9th  day  of  November,  1768.  His  early  life  was  not 
signalized  by  any  events  of  particular  importance.  He 
grew  up  a  stout,  hearty  lad,  differing  only  from  his 
fellows  in  exhibiting  an  unusual  fondness  for  study. 
Nature  had  endowed  him  with  a  fund  of  strong  good 
sense ;  and  with  an  aptitude  for  acquiring  information 
and  habits  of  reflection,  she  had  associated  a  cheerful 
and  generous  disposition.  Inheriting  many  of  the 
peculiar  traits  of  his  maternal  ancestors,  he  adopted, 
in  the  spring-time  of  life,  the  favorite  maxim  of  their 
nation — "  Een-dracht  maakt  macht ;" — and  this  motto, 
like  the  magic  word  in  the  Arabian  tale,  removed  many 
an  obstacle  that  obstructed  his  path,  and  served,  often 
times,  to  cheer  and  encourage  him. 

As  the  means  of  the  elder  Mr.  Yates  were  compar 
atively  ample,  he  determined  to  give  his  sons  all  the 
advantages  of  education  which  were  to  be  obtained  in 
that  part  of  the  colony.  These  were,  indeed,  quite 
limited,  at  that  time ;  and  during  the  continuance  of 
the  war  with  Great  Britain,  but  little  attention  was 
paid  to  the  instruction  of  the  rising  generation.  Lib 
erty  was  thought  by  the  colonists  to  be  "  the  chief 
good ;"  and  when  that  was  secured,  time  and  oppor 
tunity  would  be  afforded  for  taking  care  of  those 
objects  necessary  to  its  preservation.  The  academy 


HIS    EDUCATION.  325 

at  Kingston  was  the  only  institution  of  importance  in 
the  province,  out  of  the  city  of  New  York ;  and  most 
of  the  families  in  the  northern  counties,  who  were 
able,  employed  private  tutors  for  their  children.  This 
was  particularly  necessary  after  the  opening  of  hostili 
ties.  New  York  then  resembled  a  fortified  camp 
rather  than  a  peaceful  state.  The  weapons  of  carnal 
warfare  stood  beside  the  emblems  of  religion  in  the 
temple  of  God ;  legislators  sat  with  arms  in  their 
hands;  the  farmer  shouldered  his  musket  when  he 
went  out  to  his  daily  task  ;  and  the  rifle  was  the  com 
panion  of  the  lover  in  his  visits  to  his  mistress. 

At  the  commencement  of  the  Revolution,  Colonel 
Yates  employed  a  Mr.  Jacob  Wilkie  as  his  family 
tutor,  who  remained  with  him  in  that  capacity  for 
several  years,  and  until  death  terminated  his  labors  as 
a  teacher.  After  the  occurrence  of  this  event,  Joseph 
was  sent  to  Caughnawaga,  and  placed  under  the  tuition 
of  the  Rev.  Dr.  Romeyn,  who  was  assisted  by  his  son 
Theodoric  Frelinghuysen  Romeyn.  In  this  secluded 
country  hamlet,  it  was  not,  of  course,  to  be  expected, 
that  a  knowledge  of  the  great  world  should  be  obtain 
ed  ;  its  follies  and  its  vices  are  rarely  learned  amid  the 
solitudes  of  nature,  where  nothing  is  in  harmony  with 
them ;  but  they  oftener  flourish  in  the  crowded  seats 
of  learning,  where  scholastic  attainments  of  the  highest 
grade  are  acquired, — the  pure  being  mingled  with  the 
impure — the  bright  and  the  dark  blended  together. 


JOSEPH    C.    YATE3. 

Yet  the  germs  of  a  substantial  education  were  there 
planted,  and  with  them,  too, 

"The  seeds  of  Truth  and  Virtue,  holy  flowers 
Whose  odor  reacheth  Heaven  1" 

Joseph  remained  at  Caughnawaga,  till  a  residence 
there  was  deemed  unsafe,  on  account  of  the  repeated 
incursions  of  the  Johnsons  and  the  Mohawk  leader, 
Joseph  Brant.  He  then  returned  to  Schenectady,  and 
continued  his  studies  with  the  Rev.  Alexander  Miller, 
a  Presbyterian  clergyman,  who  instructed  him  in  all 
the  branches  of  education  commonly  taught  at  colleges. 
Mr.  Miller  eventually  gave  up  his  school,  whereupon 
a  few  gentlemen  of  Schenectady  procured  the  valuable 
services  of  John  Honeywood  as  an  instructor.  With 
him  Joseph  completed  his  education,  and  then  entered 
the  office  of  his  father's  cousin,  Peter  W.  Yates,  a 
lawyer  of  considerable  distinction,  and  an  active  and 
leading  anti-federalist,  in  the  city  of  Albany.  While 
a  student  at  law,  he  was  under  the  guardianship  of  his 
father's  uncle,  Abraham  Yates. 

Having  spent  the  usual  time  in  the  study  of  his 
profession,  he  was  admitted  to  practice,  and  immedi 
ately  opened  an  office  in  his  native  town.  Endeared 
to  the  inhabitants  of  Schenectady  and  the  surrounding 
country,  by  his  connection  with  the  oldest  and  most 
respectable  families  in  the  Mohawk  valley,  and  yet 
more,  by  his  many  kindly  qualities  of  head  and  heart, 
he  soon  reaped  the  substantial  rewards  of  industry  and 


FIRST    MAYOR    OF    SCIIENECTADY.  327 

application.  A  prudent  and  sagacious  counsellor,  and 
sufficiently  able  and  skilful  as  an  advocate,  he  secured 
far  more  than  an  average  number  of  good  and  substan 
tial  clients,  who  implicitly  trusted  him  as  an  adviser, 
and  sincerely  esteemed  him  as  a  friend. 

But  it  was  not  only  in  the  line  of  his  profession 
that  he  became  a  useful  citizen.  The  circumstances 
of  his  own  education  had  shown  him  the  necessity  and 
importance  of  establishing  a  seminary  of  learning,  at 
which  all  the  higher  studies  should  be  taught,  in  the 
northern  part  of  the  state.  With  other  members  of 
his  family,  therefore, — and  with  the  Glens,  the  Fondas, 
the  Van  Ingens,  the  Oothouts,  the  Veeders,  and  the 
Duanes, — he  was  very  active  in  founding  Union  Col 
lege.  He  was  one  of  the  persons  to  whom  the  funds 
raised  by  subscription  were  required  to  be  paid,  and 
also  one  of  the  first  trustees  named  in  the  charter 
granted  by  the  Regents  of  the  University  in  1795.  He 
always  took  a  deep  interest  in  the  welfare  of  this  insti 
tution,  and  remained  a  member  of  the  board  of  trustees 
up  to  the  time  of  his  decease. 

In  March,  1798,  Schenectady  was  incorporated  as  a 
city,*  and  Mr.  Yates  was  selected  as  the  first  mayor. 
The  welfare  of  the  town  had  ever  been  near  to  him, 
but  from  this  time  forward,  he  was  particularly  con 
cerned  in  the  promotion  of  her  prosperity ;  and  in 
return  for  advancing  their  interests,  her  citizens  fre- 

*  Previous  to  its  incorporation,  the  corporate  property  was  held 
under  letters  patent  granted  in  1684. 


JOSEPH    C.    YATE3. 

quently  bestowed  upon  him  the  most  flattering  proofs 
of  their  confidence  and  regard. 

Mr.  Yates  -became  a  voter  shortly  after  the  adoption 
of  the  federal  constitution,  and  he  was  consequently 
too  young  to  have  participated  to  any  great  extent  in 
the  exciting  contest  that  preceded  its  ratification.  But 
his  associations  and  sympathies  were  all  with  the  anti- 
federalists.  His  legal  preceptor,  Peter  W.  Yates,  was 
especially  violent  in  his  opposition  to  the  constitution, 
and  was  one  of  the  most  active  participants  in  an 
affray  that  took  place  between  the  federalists  and  anti- 
federalists  of  the  city  of  Albany,  in  the  spring  of  1788. 
The  latter  had  publicly  burned  the  constitution,  and 
the  federalists  attacked  them  with  swords  and  bay 
onets.  Their  opponents  replied  with  paving  stones 
and  brick-bats,  and  a  serious  conflict  ensued,  in  which 
several  persons  were  dangerously  wounded.  Chief 
Justice  Yates,  and  other  members  of  the  family,  were 
likewise  earnestly  opposed  to  the  ratification  of  the 
constitution,  and  the  former  retired  from  the  Philadel 
phia  convention,  because  of  his  disapprobation  of  its 
proceedings.  But  when  the  requisite  number  of  states 
had  ratified  that  instrument,  all  further  opposition  was 
rendered  useless  and  unavailing ;  and  as  the  necessary 
steps  were  taken  to  secure  the  adoption  of  the  amend 
ments  desired  by  the  anti-federalists,  the  Yates  acqui 
esced  without  a  murmur,  as  did  many  other  republicans 
of  the  straitest  sect,  in  the  decision  which  had  been 
pronounced. 


ELECTED  TO  THE  STATE  SENATE.        329 

Joseph  C.  Yates  united  with  the  republican  party, 
and  supported  its  candidates,  when  he  first  exercised 
the  privilege  of  an  elector.  His  political  preferences 
were  decided  ;  but  he  never  displayed  the  violence  or 
vindictiveness  of  a  partisan.  Inducements  for  enter 
ing  public  life  were  repeatedly  held  out  to  him,  but  he 
preferred  to  follow  the  legitimate  pursuits  of  his  pro 
fession  and  to  enjoy  its  emoluments  ;  or  if  he  consent 
ed  to  serve  his  fellow-citizens  in  an  official  capacity, 
it  was  such  as  did  not  withdraw  him  entirely  from  his 
ordinary  vocation.  For  more  than  fifteen  years  he 
devoted  himself  with  untiring  assiduity  to  his  constant 
ly  increasing  legal  business,  and  at  the  expiration  of 
that  period  he  had  the  satisfaction  of  finding  himself, 
not  only  in  the  receipt  of  a  respectable  income,  but 
occupying  a  highly  honorable  position  in  the  front  rank 
of  the  bar. 

Prior  to  the  April  election  in  1805,  a  division  arose 
between  the  republicans  of  Schenectady  and  Albany, 
in  regard  to  the  selection  of  a  candidate  for  senator 
from  the  eastern  district ;  those  residing  in  either  city 
claiming,  respectively,  that  the  choice  of  one  of  the 
candidates  belonged  to  them,  in  preference  to  the  oth 
ers.  As  the  matter  could  not  be  compromised  or  set 
tled,  the  republicans  of  Schenectady  inserted  the  name 
of  Joseph  C.  Yates,  on  the  ticket  with  the  other  nomi 
nees  of  their  party  in  the  district,  and  the  republicans 
of  Albany  adopted  John  P.  Quackenboss  as  their  par 
ticular  candidate.  The  latter  received  the  countenance 


330  JOSEPH    C.    YATE3. 

of  the  Albany  Register,  the  leading  republican  paper 
in  the  state,  and  by  that  means,  a  greater  proportion 
of  the  republicans  in  the  district  were  induced  to  cast 
their  votes  in  his  favor.  But  Mr.  Yates  was  exceed 
ingly  popular  in  his  own  vicinity,  where  he  received 
an  almost  unanimous  vote,  and  the  federalists  generally 
supported  him.  With  their  assistance,  in  addition  to 
that  of  his  republican  friends,  he  was  elected  over  Mr. 
Quackenboss  by  a  large  majority. 

Mr.  Yates  continued  to  practice  his  profession,  after 
his  election  to  the  senate,  with  the  same  zeal  and  fidel 
ity  which  had  characterized  him  in  former  years.  As 
his  legislative  duties  engrossed  but  a  small  share  of  his 
time,  the  interests  of  his  clients  were  not  permitted  to 
suffer  through  his  inattention  or  neglect. 

The  election  of  Daniel  D.  Tompkins  as  governor  of 
the  state,  in  1807,  and  his  consequent  resignation  of 
the  judicial  office  which  he  had  previously  held,  occa 
sioned  a  vacancy  on  the  bench  of  the  Supreme  Court. 
There  were  several  competitors  for  the  appointment, 
and  among  others,  Mr.  Yates  was  warmly  urged  by  his 
numerous  friends  in  the  legislature  from  the  western 
counties.  Besides  their  influence,  which  was  by  no 
means  inconsiderable,  he  received  the  powerful  support 
of  De  Witt  Clinton,  whose  good  wishes,  at  that  day, 
were  almost  a  sine  qud  non  to  the  political  aspirant, 
if  he  hoped  or  desired  to  achieve  success.  Thus 
strengthened,  the  application  made  in  behalf  of  Mr. 
Yates  was  favorably  considered,  and  in  the  month  of 


JUDGE    OF    THE    SUPREME    COURT.  331 

February,  1808,  he  was  duly  appointed  one  of  the 
judges  of  the  Supreme  Court  of  New  York. 

As  a  judge,  he  was  distinguished  for  his  plain  and 
practical  common  sense,  for  his  uprightness  and  im 
partiality,  and  for  the  courtesy  arid  urbanity  which 
gained  him  the  respect  and  esteem  of  the  profession 
and  the  public.  Abler  jurists  have  adorned  the  New 
York  bench, — more  learned  lawyers  have  pronounced 
the  decrees  of  the  blind  goddess  whom  they  served, — 
but  none  ever  brought  to  the  office  greater  honesty  or 
integrity.  Though  he  made  no  startling  display  of 
legal  knowledge  and  acumen,  he  committed  very  few 
mistakes.  His  perceptions  were  not  rapid,  yet  his 
judgment  was  clear  and  accurate,  and  his  decisions 
were  rarely  incorrect.  If  he  committed  errors,  how 
ever,  he  was  prompt  to  acknowledge  them,  and  to  sug 
gest  the  appropriate  remedy. 

Since  the  convention  of  1821,  a  great  and  manifest 
change  has  taken  place  in  the  conduct  of  our  higher 
judicial  officers,  with  reference  to  the  politics  of  the 
state.  Previous  to  that  time  they  frequently  took  a 
deep  interest  in  political  movements  and  discussions, 
and  their  interference  was  not  considered  at  all  inap 
propriate.  The  ermine  of  the  judge  was  not  thought 
to  be  soiled  if  he  appeared  at  the  hustings,  and  if  he 
laid  aside  his  judicial  robes  to  harangue  his  fellow-citi 
zens  at  a  party  gathering,  no  one  called  his  conduct  in 
question.  "It  was  the  fashion  of  the  day,  and  the 


332  JOSEPH    C.    YATES. 

error  of  the  times."  *  Judge  Yates  probably  con 
cerned  himself  less  with  politics  than  most  of  his  asso 
ciates,  but  he  never  refrained  from  the  free  expression 
of  his  opinions,  and  his  position  was  well  understood. 
He  supported  the  administration  of  Jefferson  and  Madi 
son,  and  sustained  Governor  Tompkins  while  he  was 
at  the  head  of  the  state  government.  In  common  with 
the  great  body  of  the  republican  party  in  New  York 
he  approved  of  the  nomination  of  De  Witt  Clinton  as 
a  candidate  for  the  presidency,  in  opposition  to  Mr. 
Madison,  in  1812,  and  his  name  was  placed  at  the 
head  of  the  Clintonian  electoral  ticket  chosen  by  the 
legislature  in  November  of  that  year. 

In  the  month  of  February  previous,  Judge  Yates 
was  also  complimented  with  an  appointment  as  one  of 
the  Regents  of  the  University,  which  station  he  held 
for  about  twenty  years. 

Notwithstanding  his  support  of  De  Witt  Clinton, 
Judge  Yates  was  warm  and  decided  in  his  approbation 
of  the  war  measures  of  the  state  and  national  admin 
istration.  He  was  likewise  a  sincere  friend  to  the 
canal  policy  with  which  Mr.  Clinton  became  identified ; 
and  he  adhered  to  that  gentleman  personally,  until,  as 
he  thought,  there  was  too  close  a  connection  between 
him  and  the  leaders  of  the  federal  party.  In  1817,  he 
was  urged  by  his  friends  to  become  a  candidate  for  the 
gubernatorial  nomination  in  opposition  to  Mr.  Clinton, 
but  he  declined  giving  the  desired  permission  to  use 
*  Defence  of  Judge  Spencer. 


NOMINATED  FOR  GOVERNOR.          333 

his  name.  He  subsequently  acted,  however,  with  the 
"  Bucktails,"  and  gave  his  support  to  the  project  of  call 
ing  a  convention  to  amend  the  state  constitution. 

After  a  long  struggle  between  the  Bucktails  on  the 
one  side,  and  the  Clintonians  and  federalists  on  the 
other,  the  convention  law  was  passed,  and  in  the  fall  of 
1821  a  new  constitution  was  framed  and  adopted.  The 
term  of  office  of  the  governor,  previously  fixed  at  three 
years,  was  now  reduced  to  two ;  and  a  new  election, 
therefore,  was  made  necessary,  in  the  fall  of  1822.  The 
opposition  of  De  Witt  Clinton  and  his  immediate 
friends  to  the  project  of  calling  a  convention,  or,  at 
least,  their  tardy  acquiescence  in  the  decision  of  the 
people,  as  authoritatively  expressed  at  the  polls,  had 
rendered  him  temporarily  unpopular,  and  it  wras  quite 
evident  that  he  could  not  be  re-elected.  He  was  not 
himself  disposed  to  retire  from  the  field,  and  many  of 
his  most  enthusiastic  admirers  insisted  that  he  was  ab 
solutely  invincible ;  but  he  finally  adopted  the  advice 
of  his  more  intelligent  and  sagacious  friends,  and  wise 
ly  concluded  not  to  risk  his  name  before  the  electors 
of  the  state  at  this  peculiarly  unpropitious  juncture. 

A  number  of  candidates  for  the  republican  nomina 
tion  for  governor,  were  proposed  by  their  respective 
friends,  either  with  or  without  their  own  consent,  but 
the  list  of  rival  claimants  was  ultimately  reduced  to 
two — Judge  Yates  and  Samuel  Young.  The  latter 
was  the  favorite  candidate  of  the  ultra  republicans,  and 
of  the  younger  and  more  ardent  members  of  the  party; 


334  JOSEPH    C.    YATES. 

while  the  former  was  preferred  by  the  old  and  experi 
enced  politicians.  At  the  caucus  of  the  republican 
members  of  the  legislature,  Judge  Yates  received  a 
large  majority  of  votes  over  his  competitor,  and  was 
declared  regularly  nominated.  Without  their  own 
chosen  leader,  the  Clintonians  were  utterly  powerless ; 
and  as  they  felt  assured,  from  their  knowledge  of  the 
man,  that  the  course  of  the  republican  nominee,  if 
elected,  would  be  mild  and  conciliatory,  they  did  not 
bring  forward  a  candidate.  The  election  was  almost 
unanimous.  Over  one  hundred  and  thirty  thousand 
votes  were  taken,  all  of  which,  with  the  exception  of 
about  three  thousand  thrown  in  favor  of  Solomon 
Southwick,  a  self-nominated  candidate,  were  given  for 
Judge  Yates.  The  republican  candidate  for  lieutenant- 
governor  at  this  election,  was  Erastus  Root,  who  re 
ceived  the  same  unanimous  vote.  An  entire  new 
senate  was  likewise  chosen  at  this  time.  All  the 
senators  elect,  and  five  sixths  of  the  members  of  as 
sembly,  were  republicans. 

On  the  1st  day  of  January,  1823,  Judge  Yates  took 
the  oath  of  office  as  governor  of  the  state.  From  a 
cursory  glance  at  his  position,  it  might  be  inferred  that 
his  administration  commenced  under  the  most  favora 
ble  auspices.  But  this  was  not  so  in  truth — appearan 
ces  were  grossly  deceptive.  The  vote  was  altogether 
too  unanimous.  Had  there  been  an  opposing  candi 
date  supported  by  a  powerful  minority,  the  necessity 
of  the  case  would  have  secured  the  preservation  of  a 


DIFFICULTIES    OF    HIS    POSITION.  335 

tolerable  degree  of  harmony  and  good  feeling  in  the 
ranks  of  the  dominant  party ;  but  as  it  was,  the  latter 
were  so  largely  in  the  majority,  they  fancied  they 
could  do  pretty  much  as  they  pleased.  The  old  con 
stitution  had  been  swept  away,  and  with  it  all  the 
superstructures,  which  were  now  to  be  constructed 
anew,  after  a  different  model,  and  upon  a  different 
foundation.  The  work  of  remodelling  the  laws,  and 
adapting  them  to  the  new  order  of  things,  was  com 
paratively  easy,  but  this  was  not  the  only,  nor  the  great 
difficulty.  The  tenure  of  a  thousand  different  offices 
had  been  changed,  and  many  additional  ones  had  been 
created.  All  these  were  to  be  filled;  for  each  place 
there  was  a  score  of  applicants  ;  and  when  the  time 
came  for  making  the  selections,  divisions  and  heart 
burnings,  strife  and  dissension,  were  to  be  anticipated. 
Who,  then,  could  envy  Judge  Yates  his  position  ? — 
who  wonder  that  he  committed  mistakes  ? 

Hitherto  it  had  been  customary  for  the  Executive  to 
address  the  two  houses  of  the  legislature,  in  an  oral 
speech,  at  the  opening  of  the  session;  but  the  more 
appropriate  method  of  communication,  in  a  republican 
government,  by  written  message,  was  now  substituted. 
The  first  message  of  Governor  Yates,  delivered  at  the 
annual  session,  which  commenced  in  January,  1823, 
was  brief  and  pertinent,  and  in  all  respects  a  credita 
ble  production.  It  was  principally  confined  to  the 
recommendation  of  various  laws,  the  passage  of  which 
was  required  in  order  to  carry  the  new  constitution 


336  JOSEPH    C.    YATES. 

into  full  effect.  He  further  commended  caution  in 
making  changes,  the  encouragement  of  domestic  indus 
try,  and  economy  in  the  public  expenditures  as  con- 
nected  with  the  important  works  then  rapidly  ap 
proaching  completion. 

There  was  no  longer  a  council  of  appointment,  and 
all  nominations,  except  for  the  higher  state  offices, 
were  to  be  made  by  the  governor  to  the  senate, 
for  their  approval  and  confirmation.  "  Early  in  the 
winter,  the  city  of  Albany  was  thronged  with  the 
place-hunters,  whose  appetites  had  become  keenly 
whetted  since  the  ratification  of  the  constitution. 
Like  jackals  they  had  scented  their  prey  afar  off, 
and  were  already  congratulating  themselves,  in  ex 
pectancy,  upon  the  anticipated  banquet  they  were 
soon  to  share,  over  the  victims  of  the  civil  revolu 
tion  which  had  just  been  effected.  All  the  hangers- 
on  of  the  political  party  then  in  the  ascendency, 
were  exceedingly  anxious  to  mend  their  'battered 
and  bankrupt  fortunes,'  and  the  first  to  make  known 
the  important  sacrifices  they  had  made  in  the  cause 
of  popular  liberty.  Among  the  numerous  expectants 
of  official  preferment,  and  the  eager  aspirants  to  place 
and  power,  there  were,  no  doubt,  many  honest  and 
deserving  men ;  and  it  is  a  singular  fact,  that  most  of 
the  selections  made  by  Governor  Yates,  out  of  the 
incongruous  mass  that  blockaded  the  capitol,  were 
highly  judicious  and  appropriate." 

One  of  the  most  important  questions  agitated  and 


CONTEST    FOR    THE    OFFICES.  337 

discussed  among  the  politicians  assembled  at  Albany, 
was,  whether  the  governor  would  nominate,  and  the 
senate  confirm,  the  old  judges,  for  places  on  the  bench 
of  the  new  Supreme  Court.  Mr.  Yates  was  sincerely 
desirous  of  acting  in  accordance  with  the  wishes  of 
his  friends ;  but,  at  the  same  time,  he  was  constitu 
tionally  opposed  to  innovation  and  change,  and  he 
desired  to  take  good  care  that  the  interests  of  the 
people  should  be  protected.  After  some  hesitation,  he 
sent  in  the  names  of  three  of  the  old  judges,  which 
was  the  requisite  number  for  the  new  court.  Two  of 
the  nominees — Ambrose  Spencer  and  Jonas  Platt — 
were  especially  obnoxious  to  most  of  the  republican 
senators  who  belonged  to  the  legal  profession,  and  the 
nominations  were  promptly  rejected.  The  governor 
instantly  corrected  himself,  and  sent  in  other  names, 
which  were  approved.  On  another  occasion,  he  nom 
inated  a  federalist  for  the  unimportant  office  of  notary, 
but  the  senate  refused  to  confirm  the  nomination.  In 
the  main,  however,  the  appointments  of  the  governor 
were  satisfactory  to  his  political  friends.  Where  an 
appointment  was  to  be  made  for  a  particular  locality, 
he  always  consulted  the  leading  men  belonging  to  the 
party  who  resided  in  the  vicinity ;  and  where  county 
conventions  were  held,  he  usually  adopted  their  recom 
mendations. 

"  The  head  of  a  party,"  said  Cardinal  De  Retz,  "  can 
do  what  he  pleases."  However  true  this  may  be  in 
monarchical  governments,  it  is  the  exception,  rather 

15 


22 


338  JOSEPH    C.    YATES. 

than  the  rule,  in  a  republic.  We  have  had  but  one 
Washington,  and  but  one  Jackson. — The  great  una 
nimity  with  which  Governor  Yates  had  been  elected, 
had  served  to  impress  him  with  some  extravagant  no 
tions  in  regard  to  his  popularity,  which,  in  the  sequel, 
he  learned  to  estimate  at  their  proper  worth.  Although 
he  was  elected  without  opposition,  he  was  none  the 
less  the  candidate  of  a  political  party.  For  the  time 
he  was  its  nominal  leader,  but  he  was  also  the  servant 
of  an  army  of  sovereigns,  and  the  same  power  that 
made  him,  was  strong  enough  to  unmake,  whenever  it 
thought  proper  so  to  do. 

Pending  the  exciting  canvass  that  preceded  the  elec 
tion  of  Mr.  Munroe's  successor,  the  question  of  giving 
to  the  people  the  choice  of  presidential  electors  was 
agitated  in  New  York,  and  the  fall  election  in  1823 
was  more  or  less  affected  by  it.  As  this  matter  will 
hereafter  be  examined  in  detail,*  it  is  only  necessary 
to  remark  in  this  place,  that,  in  its  origin,  the  move 
ment  was  a  mere  electioneering  device,  and  yet  it 
added  a  great  deal  to  the  embarrassments  of  Governor 
Yates'  position,  and  contributed  to  render  him  unpopu 
lar  with  his  party,  though  every  one  admitted  his  mo 
tives  to  be  good  and  his  intentions  well-meant. 

The  proposition  was  a  captivating  one,  and  had  it 
been  brought  forward  with  the  understanding,  that,  if 
adopted,  it  should  go  into  effect  in  future,  no  plausible 
objection  could  have  been  urged  against  it.  But  the 

*  Sec  Memoir  of  Silas  Wright,  in  the  second  volume. 


THE    ELECTORAL    BILL.  339 

design  of  its  authors  was  to  defeat  the  election  of  Mr. 
Crawford,  and  to  give  the  coup  de  grace  to  his  presi 
dential  aspirations, — and  the  reader,  if  he  be  familiar 
with  the  political  history  of  the  country,  need  not  be 
informed  that  the  project  was  successful. 

Long  before  the  New  York  legislature  assembled  for 
its  annual  session,  in  January,  1824,  it  was  generally 
known  that  this  subject  would  be  brought  forward  for 
the  consideration  of  its  members  at  an  early  day.  So 
much  had  been  said  upon  the  question,  during  the  few 
months  previous,  that  Governor  Yates  thought  his  duty 
required  him  to  refer  to  it  in  his  message  : — "  The 
choice  of  electors  of  president  and  vice-president," 
said  he,  "  has  excited  much  animadversion  throughout 
the  nation ;  and  it  is  to  be  regretted,  that  a  uniform 
rule  on  this  subject  is  not  prescribed  by  the  constitu 
tion  of  the  United  States.  It  is  manifest,  that  the  man- 
ner  of  electing  may  have  an  essential  effect  on  the 
power  and  influence  of  a  state,  with  regard  to  the 
presidential  question,  by  either  dividing  the  votes,  or 
enabling  the  state,  with  greater  certainty,  to  give  an 
united  vote ;  and  until  a  uniform  rule  is  ingrafted  in 
the  constitution  of  the  United  States,  the  manner  of 
electing  will  continue  to  fluctuate,  and  no  alteration 
made  by  any  one  state,  will  produce  a  material  change 
in  the  various  modes  now  existing  throughout  the 
Union.  In  some  states  the  people  will  vote  by  a  gen* 
eral  ticket ;  in  some  by  districts,  and  in  others  by  the 
legislature ;  and  no  practical  remedy  probably  does 


340  JOSEPH    C.    YATES. 

exist,  competent  to  remove  the  evil  effectually,  except 
by  an  amendment  of  the  national  constitution. 

"  Although  this  state  has  heretofore  sanctioned  an 
attempt  to  accomplish  that  important  object,  which 
proved  unsuccessful,  the  measure  on  that  account 
should  not  be  abandoned ;  and  as  the  subject  has  re 
cently  been  brought  before  congress,  it  is  to  be  expect 
ed  that  another  opportunity  will  shortly  be  presented 
for  the  legislature  of  this  state  to  sanction  an  amend 
ment,  not  only  establishing  a  uniform  rule  in  the  choice 
of  electors,  but  also  securing  the  desirable  object  of 
directing  such  choice  to  be  made  by  the  people.  A 
more  propitious  period  of  evincing  its  propriety,  and 
consequently  affording  a  more  favorable  prospect  of 
obtaining  a  constitutional  number  of  the  states  to  as 
sent  to  it,  I  am  inclined  to  think  has  not  presented 
itself  since  the  organization  of  the  government.  Per 
suaded  that  you,  as  the  representatives  of  a  free  people, 
will  only  be  influenced  by  reason  and  true  patriotism, 
it  is  submitted  to  your  wisdom  and  discretion,  whether, 
under  existing  circumstances,  the  present  manner  of 
choosing  electors  ought,  at  this  time,  to  be  changed." 

Governor  Yates'  style  as  a  writer  was  somewhat  in 
volved  and  obscure,  but  the  only  fair  construction  to 
be  put  upon  his  language  is,  that  he  desired  a  change 
to  be  made  in  the  manner  of  choosing  presidential 
electors,  but  preferred  to  have  it  general  throughout 
the  Union,  and,  to  that  end,  looked  to  congress  to  adopt 
some  one  of  the  various  propositions  then  pending  be- 


VIEWS    OF    THE    GOVERNOR. 


341 


fore  it.  In  the  meantime,  in  his  opinion,  it  was  not 
advisable  for  the  legislature  to  interfere,  or  to  surrender 
their  right  to  make  choice  of  the  electors. 

In  the  same  message,  the  governor  repeated  his 
recommendations  of  the  previous  year,  with  respect 
to  the  encouragement  of  domestic  manufactures  by 
the  imposition  of  duties  on  foreign  goods  imported  into 
the  country,  the  revision  of  the  statutes  of  the  state, 
and  the  economical  appropriation  of  the  public 
moneys. 

A  heated  and  angry  debate  took  place  in  either 
branch  of  the  legislature,  upon  the  proposition  to 
change  the  electoral  law  of  the  state.  A  bill  at  length 
passed  the  assembly,  authorizing  the  people  to  choose 
the  electors  by  general  ticket,  but  by  a  majority  of 
votes,  instead  of  a  plurality,  as  was  desired  by  the 
original  friends  of  the  measure,  who  termed  themselves 
"  The  People's  Party."  In  the  senate,  after  consider 
able  discussion,  the  whole  matter  was  disposed  of,  by 
the  adoption  of  a  resolution  directing  its  further  con 
sideration  to  be  postponed  till  the  first  Monday  in  No 
vember  following,  at  which  time  the  legislature  was 
required  to  meet  by  law  for  the  purpose  of  choosing 
presidential  electors. 

Very  soon  after  Governor  Yates  entered  upon  the 
discharge  of  his  executive  duties,  the  friends  of  Mr. 
Young  began  to  express  their  dissatisfaction  with  his 
course ;  and  in  a  short  time,  quite  a  list  of  grievances, 
most  of  which,  however,  were  entirely  fanciful,  was 


342  JOSEPH    C.    YATES. 

accumulated  against  him.  He  was  also  attacked,  most 
ungenerously  and  unjustly,  in  the  public  prints,  in  a 
number  of  satirical  articles  written  by  De  Witt  Clin 
ton,  or  his  personal  friends.  Although  these  attacks 
annoyed  him  exceedingly,  he  was  too  easy  in  his  dis 
position  to  make  any  very  serious  efforts  to  counteract 
the  machinations  of  his  enemies.  The  current  was 
setting  against  him,  but  he  had  not  the  nerve  and  in 
trepidity  requisite  to  stem  it  triumphantly.  It  was 
charged  by  his  opponents,  that  the  resolution  of  the 
senate  postponing  the  consideration  of  the  electoral 
bill,  was  adopted  in  pursuance  of  his  advice.  This  he 
emphatically  denied ;  and  the  charge  was  undoubtedly 
without  foundation.  Most  of  the  prominent  leaders 
of  the  republican  party  adhered  to  him  faithfully,  and 
insisted  that  he  was  entitled  to  a  renomination.  But 
the  decision  of  the  legislative  caucus,  held  in  April, 
1824,  was  adverse,  and  the  nomination  was  conferred 
on  Colonel  Young.  The  People's  Party  also  held  a 
caucus,  but  they  concluded  to  nominate  the  guberna 
torial  ticket  at  a  convention  of  delegates  to  be  held  in 
the  ensuing  month  of  September. 

After  the  adjournment  of  the  legislature,  arid  during 
the  entire  summer  and  fall,  the  state  was  constantly 
agitated  by  the  jarring  strifes  and  controversies  of  op 
posing  factions.  Everything  was  in  disorder.  The 
senators  who  had  voted  for  the  postponement  of  the 
electoral  bill  were  denounced  in  unmeasured  terms ; 
and  yet  they  and  their  friends  supported  the  republican 


EXTRA    SESSION    OP    THE    LEGISLATURE.  343 

nominee  for  governor,  who  had  avowed  himself  in 
favor  of  the  proposed  change  in  the  mode  of  choosing 
electors.  De  Witt  Clinton  had  been  removed  from 
the  office  of  canal  commissioner,  and  public  sympathy 
was  aroused  in  his  behalf;  but  some  of  the  leading 
People's  men,  who  ultimately  nominated  him  as  their 
candidate  for  the  gubernatorial  office,  had  voted  for  his 
removal.  The  charmed  pot  of  the  weird  sisters  did 
not  exhibit  ingredients  more  various,  elements  more 
diverse,  than  were  here  presented. 

Governor  Yates  could  not  but  feel  aggrieved  at  the 
manner  in  which  he  had  been  deserted  by  his  friends ; 
and  it  is  possible  that,  amid  the  general  confusion  in 
politics,  he  might  have  fancied  that  the  People's  con 
vention  would  decide  to  give  him  their  support,  pro 
vided  he  could  assure  them  of  his  readiness  to  support 
their  favorite  measure.  This  he  was  able  to  do,  be 
cause  the  adjournment  of  congress  without  adopting 
any  general  provision  as  he  desired,  convinced  him 
that  no  change  could  be  effected  through  their  instru 
mentality.  He  therefore  issued  a  proclamation  on  the 
3d  day  of  June,  requiring  the  legislature  to  assemble 
on  the  2d  of  August,  alleging,  among  other  reasons,  for 
calling  an  extra  session,  that  the  people  were  justly 
alarmed  lest  their  undoubted  right  of  choosing  the 
presidential  electors  should  be  withheld  from  them. 

This  movement  was  an  unhappy  and  ill-timed  one ; 
and  it  tended  to  estrange  from  the  governor  many  of 
his  republican  friends  who  up  to  that  moment  had  con- 


344 


JOSEPH    C.    YATES. 


tinued  to  adhere  to  him.  The  legislature  assembled  in 
accordance  with  the  proclamation,  but  they  refused, 
by  a  large  majority,  to  transact  any  business,  and  after 
a  brief  session  of  four  days  they  again  adjourned. 

At  the  expiration  of  his  term  of  office  Governor 
Yates  finally  retired  to  private  life.  He  resumed  his 
residence  at  Schenectady,  and  amid  the  scenes  of  his 
youth,  with  the  associates  and  playmates  of  former 
years,  grew  old  together.  He  remained  attached  to 
the  republican  party,  and  supported  the  administration 
of  Andrew  Jackson,  and  that  of  his  successor.-  He 
rarely  took  any  active  part  in  the  political  contests  of 
this  period,  and  his  last  appearance  on  an  occasion  of 
that  character,  was  as  the  president  of  an  "  indignation 
meeting,"  called  in  the  winter  of  1832,  by  the  demo 
crats  of  Schenectady,  to  express  their  dissatisfaction 
at  the  rejection  of  the  nomination  of  Martin  Van  Bu- 
ren  as  minister  to  England. 

Having  attained  a  venerable  age,  "  like  a  sheaf  of 
corn  fully  ripe,"  he  was  at  length  gathered  to  his 
fathers.  He  died  in  the  city  of  his  birth,  and  of  his 
residence  for  the  greater  portion  of  his  life,  on  the  19th 
day  of  March,  1837. 

Governor  Yates  was  married  three  different  times. 
His  first  wife  was  Mrs.  Ann  Ellice,  of  Schenectady, 
by  whom  he  had  no  issue.  For  his  second  wife  he 
married  Miss  Maria  Kane,  a  resident  of  Albany ;  she 
bore  him  one  daughter,  who  became  the  wife  of  John 
Keyes  Paige,  for  many  years  a  clerk  of  the  Supreme 


APPEARANCE  AND  CHARACTER.          345 

Court,  and  afterwards  mayor  of  Albany.  His  third 
wife  was  Ann  Elizabeth  Delancy,  who  is  now  living, 
and  by  whom  he  had  two  daughters ;  one  of  them  mar 
ried  Mr.  J.  D.  Watkins,  of  Georgia,  and  the  other  is 
the  wife  of  Samuel  Neal,  of  New  York. 

In  person,  Governor  Yates  was  rather  above  the 
medium  size  and  height.  His  appearance  was  digni 
fied,  and  his  manners  easy  and  courteous.  In  his  de 
portment  he  was  modest  and  unassuming.  He  was 
cautious  and  reserved  to  a  degree  bordering  on  timid 
ity.  He  did  not  possess,  in  the  extreme  sense  of  the 
word,  a  vigorous  mind,  but  it  was  well-balanced  and 
disciplined.  His  deliberations  were  slow  in  coming  to 
maturity,  but  his  conclusions  were  generally  very  cor 
rect. 

In  all  the  private  relations  he  was  every  way  esti 
mable.  But  as  a  public  man,  as  a  politician,  he  was 
not  calculated  to  succeed.  He  was  prudent  over 
much,  and  he  lacked  the  boldness  and  energy,  for 
want  of  which  the  most  brilliant  talents  are  often 
times  doomed  to  experience  the  bitterness  of  disap 
pointment. 


MARTIN   VAN   BUREN. 


WITH  the  eminent  statesman  whose  name  stands  at 
the  head  of  this  biographical  sketch,  a  new  race  of  gov 
ernors  came  upon  the  stage.  Each  one  of  his  prede 
cessors  either  took  part  in  the  Revolution,  or  was  old 
enough  to  participate  in  its  closing  scenes, — but  when 
he  first  drew  breath,  its  rolling  thunders  were  rapidly 
dying  away,  and  ere  he  arrived  at  the  age  of  manhood, 
its  memories  were  among  the  hallowed  treasures  of  the 
Past.  In  his  inaugural  address  as  president  of  the 
United  States,  there  is  a  happy  allusion  to  this  fact. 
"  Unlike  all  who  have  preceded  me/'  said  he, "  the  revo 
lution  that  gave  us  existence  as  one  people  was  achieved 
at  the  period  of  my  birth ;  and  while  I  contemplate, 
with  grateful  reverence,  that  memorable  event,  I  feel 
that  I  belong  to  a  later  age,  and  that  1  may  not  expect 
my  countrymen  to  weigh  my  actions  with  the  same 
kind  and  partial  hand." 

Mr.  Van  Buren  was  the  first  representative  of  the 
original  Dutch  settlers  of  New  York,  who  was  elevated 
to  the  high  office  of  chief  magistrate  of  the  state.  His 
ancestors,  on  both  sides,  were  among  the  early  emi- 


- 


Sevenlh  61  ever  nor  pfjfcwlbrk 


HIS    FATHER.  347 

grants  from  Holland,  who  settled  upon  the  manor  of 
Rensselaerwyck,  in  the  then  colony  of  New  Netherlands. 
His  father,  Abraham  Van  Buren,  was  an  humble  tiller 
of  the  soil,  and  occupied  a  farm  near  the  present  town 
of  Kinderhook.  He  was  in  moderate  circumstances, 
but  highly  respected  among  his  neighbors,  as  he  deserved 
to  be  ;  for  wealth,  like  rank,  "  is  but  the  guinea  stamp." 
By  his  children,  and  by  those  of  his  associates  and 
cotemporaries  who  still  survive  him,  he  is  remembered 
as  a  man  of  sterling  character,  of  practical  good  sense, 
firm  and  decided  but  kind  and  amiable  in  his  disposi 
tion,  and  of  exemplary  conduct  in  all  the  relations  of 
life.  He  married  the  widow  of  a  Mr.  Van  Alen,  and  a 
distant  connection  of  his  family.  Her  maiden  name 
was  Hoes,  or,  as  it  was  originally  written,  Goes, — the 
former  being  the  corruption  of  a  name  not  undistin 
guished  in  the  annals  of  old  Netherlands.  Pride  of 
birth,  however,  has  never  been  cherished  by  her  de 
scendants  ;  and  it  is  barely  possible  that  they  have  in 
quired,  whether  their  maternal  ancestors  belonged  to 
the  Gueux,  or  to  the  party  of  Granvella  or  Alva, — 
whether  they  fought  with  the  Prince  of  Orange,  or  with 
Don  John  of  Austria.* 

*  There  is  an  anecdote  told  of  Mr.  Van  Buren  which  may  not  be 
inappropriate  here,  although  it  needs  what  the  lawyers  call  "  a  verifi 
cation," — for  anecdotes  of  public  men,  in  nine  cases  out  of  ten,  are  mere 
fables, — yet  this  is  not  at  all  inconsistent  with  his  character,  and  it  can 
do  no  harm  to  repeat  it.  During  Mr.  Yan  Buren's  brief  mission  to 
England,  it  is  said,  he  attended  one  of  the  soirees  of  Queen  Adelaide, 
at  which,  in  a  conversation  with  him,  she  inquired  how  far  back  he 


348  MARTIN    VAN    BUREN". 

The  mother  of  Mr.  Van  Buren  is  said  to  have  been 
a  woman  of  rare  excellence  and  worth,  sincerely  pious, 
and  gifted  with  more  than  ordinary  intelligence  and 
sagacity.  Both  his  parents  lived  to  witness  the  bril 
liant  professional  triumphs  of  their  son,  and  to  see  him 
making  an  assured  progress  on  the  road  to  distinction 
and  fame.  The  father  died  in  1814,  and  the  mother 
four  years  later,  in  1818.  They  were  the  parents  of 
five  children,  three  sons  and  two  daughters.  Martin, 
the  eldest  son,  was  the  future  governor  and  president ; 
Lawrence  followed  the  occupation  of  his  father,  and 
now  resides  on  the  farm  belonging  to  him  in  his  life 
time  ;  and  Abraham  A.,  like  his  elder  brother,  studied 
law,  practiced  for  several  years  in  the  city  of  Hudson, 
and  filled  the  office  of  surrogate  of  the  county. 

MARTIN  VAN  BUREN  was  born  in  the  present  town 
of  Kinderhook,  in  Columbia,  then  Albany  County,  on 
the  fifth  day  of  December,  1782.  The  pecuniary  means 
of  his  father  were  quite  limited,  and  he  was  unable  to 
afford  his  son  anything  more  than  a  common  education. 
In  his  early  boyhood  the  latter  had  manifested  a  fond 
ness  for  reading,  a  quickness  of  apprehension,  a  shrewd 
ness  of  observation,  and  an  aptness  of  remark,  that  de 
noted  a  superior  mind,  and  augured  well  for  the  future. 

could  trace  his  ancestry  ?  "  As  far  back  as  Kinderhook,  may  it  please 
your  majesty,"  replied  Mr.  Van  Buren,  with  the  grave  urbanity  char 
acteristic  of  him.  Supposing  the  name  to  be  that  of  some  distinguished 
aboriginal  chieftain,  the  fair  descendant  of  a  long  line  of  German  princes 
paid  still  greater  deference  to  her  guest. 


EDUCATION.  349 

Encouraged  by  the  advice  and  approbation  of  his  rela 
tives  and  friends,  he  zealously  pursued  the  studies 
usually  taught  in  the  common  schools  of  that  day,  and 
afterward  entered  the  academy  in  the  village  of  Kin- 
derhook.  Here  he  made  himself  a  tolerable  proficient 
in  all  the  higher  branches  of  a  course  of  English  study, 
and  acquired  considerable  knowledge  of  Latin. 

At  the  academy,  young  Van  Buren  was  distinguished 
not  only  for  his  industry  and  application,  but  for  his 
unwillingness  to  take  anything  upon  trust,  and  his  con 
sequent  habits  of  investigation  and  reflection.  He  was 
fond,  too,  of  argumentative  discussions  ;  he  had  never 
studied  dialectics  as  taught  in  the  schools,  and  knew  but 
little  about  Aristotle  or  Locke,  yet  he  was  a  natural 
logician,  and  handled  the  weapons,  of  whose  very 
names  he  was  ignorant,  with  great  skill  and  ability.  He 
was  ambitious  to  surpass  his  companions  in  extempo 
raneous  speaking  and  English  composition,  and  many 
were  the  encomiums  he  received  for  his  superior  excel 
lence  in  these  respects. 

It  must  not  be  supposed,  however,  that  Mr.  Van 
Buren  obtained  anything  like  a  finished  education.  It 
was  only  a  bare  introduction  to  knowledge  that  he  re 
ceived,  and  at  the  early  age  of  fourteen  years,  he  left 
the  academy  forever,  and  commenced  the  study  of  the 
law.  Except  as  it  depended  upon  his  own  exertions, 
in  his  leisure  hours,  without  a  teacher,  or  any  extrane 
ous  assistance  beyond  the  occasional  advice  of  a  few 
kind  friends,  his  education  was  completed. 


350  MARTIN    VAN    BUREN. 

Such,  and  so  comparatively  unimportant,  was  his 
preparation  for  the  study  of  that  great  science,  which 
has  been  pronounced  "  the  perfection  of  human  reason." 
The  members  of  the  profession  which  he  had  embraced 
were  then  distinguished,  even  more  than  now,  for  high 
scholarship ;  and  as  Sydney  Smith  once  said  of  educated 
men  in  England,  Greek  and  Latin  had  become  among 
them  "  almost  the  only  test  of  a  cultivated  mind."* 
But  of  classical  literature  young  Van  Buren  knew 
barely  the  elements,  and  though  he  labored  assiduously 
while  engaged  in  his  professional  studies,  to  correct  his 
deficiency  in  this  respect,  his  talents,  because  of  it, 
have  ever  been  underrated  by  men  of  first-rate  acquire 
ments. 

The  attainments  of  the  scholar  cannot  be  valued  too 
highly,  yet  they  are  not  always  absolutely  necessary  to 
success;  and  "self-made  men" — as  they  are  perhaps 
incorrectly  termed,  because  it  seems  like  elevating  the 
mere  creature  above  the  Creator — do  not  so  often  fail 
for  the  want  of  these,  as  they  mar  their  fortunes  by  the 
self-sufficiency  and  presumption,  to  which  as  a  class, 
they  are  exceedingly  prone.  Mr.  Van  Buren  was  des 
tined  to  be  the  artificer  of  his  own  fame,  and  to  native 
talent  of  a  high  order  he  added  the  caution  and  tact 
that  restrained  him  from  presuming  too  much.  He  had 
not  the  varied  knowledge  of  Crichton  or  Brougham,  but 
he  possessed  that  true  intellectual  strength,  which,  like 
the  holy  sword  of  Thalaba,  is  all-powerful  in  driving 

*  "  Professional  Education" — Edinburgh  Review,  1809. 


SELF-EXERTION.  351 

away  those  dark  sorcerers  that  ensnare  the  mind,  Error 
and  Ignorance.  He  had,  also,  something  of  that  innate 
genius  which  gives  life  to  the  dull  marble,  inspiration 
to  the  poet  and  the  orator,  victory  to  the  warrior,  skill 
to  the  statesman,  and  a  soul  and  a  spirit  to  the  corusca 
tions  of  eloquence  and  the  sallies  of  wit.  He  was 
cheered,  too,  by  the  examples  of  Kepler  and  Ferguson, 
of  Eldon  and  Erskine,  of  Franklin  and  Henry.  Thus 
gifted,  and  thus  encouraged,  he  could  not  fail. 

Truly,  there  can  be  no  nobler  sight  in  the  universe, 
than  that  of  a  young  man  boldly  entering  the  arena  of 
professional  life,  bearing  his  torch  proudly  like  the 
young  champion  in  the  grove  of  Academus,  and  alone 
and  unaided  carving  out  for  himself  a  high  destiny! 
There  is  something  almost  more  than  human,  in  his 
earnest  and  protracted  effort  to  achieve  a  reward  wor 
thy  of  a  life  of  toil  and  care, — in  the  stern  purpose  of 
soul,  and  the  burning  impress  of  constant  and  unweary 
ing  thought,  glowing  upon  the  brow  where  Genius  has 
erected  her  altar  and  lighted  her  vestal  flame.  His 
faculties  may  be  taxed  to  the  utmost,  but  the  lofty 
spirit  and  indomitable  will  must  triumph  in  the  end. 
The  consciousness  of  the  possession  of  mental  power 
buoys  him  up  and  sustains  him ;  it  arouses  all  his  ener 
gies  into  vigorous  action ;  it  brings  out  all  the  finer 
and  choicer  attribute.*  of  his  nature,  as  does  the  sun 
light  the  gorgeous  colors  of  the  blossom ;  and  it  points 
him,  in  the  language  of  encouragement,  to  the  bright 
Beyond  which  he  may  hope  to  reach.  He  cannot  be 


352  MARTIN    VAN    BUEEN. 

faithless  to  his  trust,  for  he  knows  and  feels,  that  he 
has  within  him  an  emanation  from  the  great  centre  ot 
intellect  and  mind, — that  "  God's  mysteries  are  there !" 

In  1796,  while  yet  in  his  fourteenth  year,  Mr.  Van 
Buren  entered  the  office  of  Francis  Sylvester,  a  highly 
respectable  lawyer  in  Kinderhook.  As  he  had  not  re 
ceived  a  collegiate  education,  nor  spent  any  time  in 
studying  the  classics  after  the  age  of  fourteen,  his  term 
of  clerkship,  of  course,  was  seven  years.  His  legal 
studies,  and  the  copying  and  drawing  papers  and  plead 
ings  usually  performed  by  a  lawyer's  clerk,  did  not  en 
gross  his  whole  time ;  but  he  found  considerable  leisure, 
which  he  wisely  improved,  for  reading  history,  for 
making  himself  familiar  with  general  literature,  and 
increasing  his  knowledge  of  the  more  important  scien 
ces  the  study  of  which  he  had  commenced  at  the 
academy.  At  this  period  there  was  a  great  deal  of 
litigation  in  Columbia  county, — though  not  more  than 
in  other  counties  of  the  same  amount  of  population, — 
and  much  of  this  originated  in  courts  of  justices  of  the 
peace.  These  tribunals  afforded  to  the  law  student  a 
fine  field  for  improvement  in  public  speaking,  in  exam 
ining  witnesses,  in  arranging  testimony,  in  sharpening 
the  perceptive  faculties,  and  in  exercising  and  disci 
plining  the  judgment.  They  were  schools,  too,  in  which 
human  nature  could  be  studied  in  all  its  phases  and 
characteristics. 

Mr.  Van  Buren  often  appeared  in  the  justices'  courts 
in  Kinderhook  and  the  neighboring  towns ;  he  was  some- 


POLITICAL    OPINIONS    AND    ASSOCIATIONS.  353 

times  pitted  against  the  veterans  of  the  Columbia  bar, 
and  on  one  occasion,  when  in  his  sixteenth  year,  tried 
an  important  cause  against  two  of  its  ablest  members. 
This  kind  of  discipline  not  only  fitted  him  for  the  active 
duties  of  his  profession,  and  laid  the  foundations  of  that 
skill  and  ability  which  he  afterward  displayed  as  an 
advocate,  but  it  furnished  him,  at  the  same  time,  with 
the  means  of  support. 

While  a  student,  he  was  also  an  active  politician. 
His  father  had  been  a  warm  whig  during  the  Revolu 
tion,  and  was  afterward  equally  zealous  in  the  support 
of  George  Clinton  and  Thomas  Jefferson.  The  son 
inherited  his  party  predilections,  and  though  the  repub 
licans  were  in  a  small  minority  in  the  county,  and  the 
wealth  and  patronage,  and  the  talent  too,  were  ar 
rayed  on  the  federal  side, — nothing  daunted  at  the  dis 
parity  in  numbers  and  in  strength,  he  placed  himself 
among  the  opposition.  His  legal  preceptor  was  a  fed 
eralist,  but  the  ties  of  friendship  were  less  powerful  than 
the  convictions  of  his  judgment.  He  made  himself 
familiar  with  the  political  intelligence  of  the  day,  at 
tended  the  meetings  and  conventions  of  his  party,  and 
watched  the  movements  of  men  and  things  with  a  keen 
and  sagacious  eye.  During  the  great  contest  between 
Adams  and  Jefferson,  in  1800,  he  advocated  and  de 
fended  the  republican  principles  he  had  espoused,  with 
all  the  ardor  of  a  lover.  Notwithstanding  his  youth, 
he  frequently  made  speeches  at  the  republican  gather 
ings,  and  wrote  resolutions  and  addresses ;  and  in  the 


23 


354  MARTIN    VAN    BUREN. 

fall  of  1800,  being  then  less  than  eighteen  years  of  age, 
he  represented  the  republicans  of  his  native  town  in 
the  Congressional  Convention  for  that  district. 

The  last  year  of  Mr.  Van  Buren's  clerkship  was 
spent  in  the  city  of  New  York,  in  the  office  of  William 
P.  Van  Ness,  who  was  eminent  both  as  a  lawyer  and 
as  a  politician.  Mr.  Van  Ness  was  a  leading  member 
of  the  republican  party,  and  was  appointed  by  President 
Jefferson,  a  few  years  later,  to  the  office  of  District 
Judge  for  the  Southern  district  of  New  York.  He 
was,  also,  a  warm  friend  of  Aaron  Burr,  who  frequently 
visited  him  at  his  office.  In  this  manner  Mr.  Van 
Buren  became  acquainted  with  the  vice-president,  and 
was  honored  with  his  particular  notice  and  regard.  It 
was  a  prominent  trait  in  the  character  of  Mr.  Burr,  to 
seek  the  acquaintance  and  friendship  of  promising 
young  men  of  his  own  party,  and  they,  in  turn,  were 
inclined  to  regard  him  as  a  political  oracle.  At 
this  time  he  probably  anticipated  his  nomination  for 
governor  in  the  spring  of  1804,  and  on  learning  that 
Mr.  Van  Buren  was  an  active  politician  and  wielded 
considerable  influence  in  Columbia  county,  he  mani 
fested  toward  him  more  than  ordinary  kindness.  Mr. 
Burr  was  undoubtedly  a  great  political  tactician,  but 
the  young  law-student  seems  to  have  already  learned  a 
lesson  which  his  friend  did  not  teach,  either  by  precept 
or  example, — and  that  was  faithfully  to  adhere,  at  all 
times,  to  the  nominations  of  his  party.  It  will  be  seen, 
therefore,  that  the  flattering  attentions  of  this  distin- 


ADMISSION    TO    THE    BAR.  355 

guished  man  were  insufficient  to  detach  him  from  the 
support  of  the  regular  republican  candidate. 

Just  before  he  completed  his  twenty-first  year,  in  the 
month  of  November,  1803,  Mr.  Van  Buren  was  ad 
mitted  to  the  bar  of  the  Supreme  Court  of  New  York 
as  an  attorney  at  law,  and  immediately  returned  to 
Kinderhook  to  practice  his  profession.  By  her  first 
marriage  with  Mr.  Van  Alen,  his  mother  had  two  sons 
and  a  daughter.  The  sons,  John  I.  and  James  I.  Van 
Alen,  were  both  extremely  kind  to  their  half-brother 
Martin,  and  the  former  assisted  him  considerably  while 
he  was  pursuing  his  professional  studies.  James  I.  was 
now  a  lawyer  in  Kinderhook,  in  good  practice,  and, 
being  also  an  active  politician,*  he  needed  a  partner  in 
his  business.  Accordingly,  upon  the  admission  of  Mr. 
Van  Buren  to  the  bar,  a  connection  was  proposed  be 
tween  them  and  at  once  formed. 

The  bar  of  Columbia  county  presented  at  this  time  a 
most  brilliant  array  of  intellectual  strength.  At  its  head 
were  William  W.  Van  Ness,  Elisha  Williams,  Thomas 
P.  Grosvenor,  and  Jacob  R.  Van  Rensselaer,  all  prom 
inent  federalists,  and  equally  distinguished  as  lawyers 
and  politicians.  Against  such  competitors  Mr.  Van 
Buren  was  obliged  to  contend,  at  the  very  outset  of  his 
professional  life.  The  influence  of  a  powerful  party 
was,,in  great  part,  adverse  to  his  success,  and  ultimately 
decidedly  hostile  to  him.  His  energetic  industry  and 
promising  talents  had  attracted  notice,  however,  and 

*  Mr.  Van  Alen  was  a  representative  in  Congress  from  1807  to  1809. 


356  MARTIN    VAN    BUREN. 

were  well  appreciated  by  his  political  opponents. 
Great  efforts  were  made  by  his  federal  friends  and  ac 
quaintances,  and  by  Mr.  Sylvester,  and  his  partner  and 
half-brother,  Mr.  Van  Alen,  to  win  him  over  to  their 
side.  The  inducements  held  out  to  him  were  many 
and  powerful ;  for,  in  addition  to  the  private  friendships 
which  he  had  formed,  and  desired  to  cherish,  the  landed 
aristocracy  of  the  county,  the  wealth,  the  power  and 
patronage,  were  with  the  federalists. 

None  of  these  influences  or  considerations  were  suf 
ficient  to  detach  him  from  the  party  with  which  he  had 
united  ere  he  arrived  at  the  age  of  manhood.  Sprung 
from  the  humbler  ranks  in  life,  his  sympathies  were  with 
the  people.  Without  money  or  influential  connec 
tions,  and  relying  solely  upon  his  own  energies  and 
talents,  he  won  his  way  to  distinction.  The  federal 
ists  saw  that  he  could  not  be  swerved  in  his  political 
course,  and  they  turned  upon  him  the  whole  weight  of 
their  artillery.  The  republicans,  few  though  they  were 
in  number,  admired  both  his  spirit  and  his  talents ; 
they  rallied  around  him,  and  he  was  soon  the  leading 
lawyer  of  his  party  in  the  county.  His  business  in 
creased,  and  his  clients  daily  became  more  numerous. 
All  this  while  he  was  an  active  politician ;  yet  in  this 
respect  his  position  could  hardly  be  considered  an  en 
viable  one.  The  fire  of  party  spirit  burned  intensely, 
and  its  influence  was  felt  in  every  relation  of  life : — it 
consumed  the  ties  of  friendship ;  it  gave  additional 
heat  and  bitterness  .to  business  strifes  and  contentions; 


HIS    MARRIAGE.  357 

and  in  the  breast  of  the  judge,  it  warmed  into  life 
feelings  of  partiality  and  favoritism. 

Though  Mr.  Van  Buren  was  then,  as  he  ever  has 
been,  distinguished  for  his  unfailing  courtesy  toward 
his  political  opponents,  he  was  attacked  by  the  federal 
press,  and  by  the  speakers  in  that  interest,  with  unusual 
zeal  and  animosity.  His  humble  origin  was  referred  to  in 
the  language  of  contempt;  his  character  was  traduced, 
and  his  talents  depreciated.  Being  slight  of  frame, 
and  moderate  in  stature,  his  person  was  also  sneered 
at ;  but  those  who  watched  his  course  attentively,  must 
have  been  reminded  of  Boswell's  description  of  Wil- 
berforce  when  addressing  the  electors  of  York  from 
the  hustings,  after  his  triumphant  return  in  1784 ; — 
"  I  saw,"  said  he,  "  what  seemed  a  mere  shrimp  mount 
upon  the  table,  but  as  I  listened,  he  grew  and  grew,  un 
til  the  shrimp  became  a  whale." — So  Mr.  Van  Buren, 
as  the  difficulties  multiplied  in  his  path,  bore  himself 
with  greater  manliness,  and  in  a  very  few  years  he 
stood  beside  the  ablest  of  his  federal  compeers,  in  the 
front  rank  of  the  Columbia  bar. 

In  1806  Mr.  Van  Buren  was  married  to  Hannah 
Hoes,  a  distant  connection  of  his  by  the  mother's  side, 
and  whose  brother  had  married  one  of  his  sisters.  The 
attachment  which  had  thus  ripened  into  marriage  was 
formed  in  early  life,  and  consummated  as  soon  as  Mr. 
Van  Buren's  circumstances  would  permit.  His  wife 
was  a  most  estimable  woman,  as  well  in  disposition  as 
in  character ;  and  how  sincere  and  ardent  was  his  af- 


358  MARTIN    VAN    BUREN. 

fection,  may  be  inferred  from  the  fidelity  with  which 
he  has  treasured  the  memory  of  her  who  has 


44  gone  before 
To  that  unseen  and  silent  shore." 


She  died  of  consumption  in  1818,  and  he  has  ever 
since  remained  a  widower.  By  her  he  had  four  sons, 
John,  Abraham,  Smith  Thompson,  and  Lawrence. 
John  was  for  a  long  time  a  prominent  lawyer  and  poli 
tician  in  the  city  of  Albany  ;  from  1845  to  1848  he 
was  attorney-general ;  he  is  now  practicing  his  profes 
sion  in  the  city  of  New  York  with  eminent  success ; 
and  there  is  probably  no  man  of  his  age  who  wields  a 
greater  influence  in  the  democratic  party  of  the  state. 
Abraham  was  educated  at  West  Point,  entered  the 
army,  and  rose  to  the  rank  of  major  in  the  second  regi 
ment  of  dragoons ;  after  serving  a  few  years  in  this 
position,  he  resigned  on  account  of  his  ill  health,  but 
during  the  war  with  Mexico  he  offered  his  services  to 
the  government,  and  received  the  commission  of  pay 
master. 

In  1804,  notwithstanding  his  personal  friendship  for 
Mr.  Burr,  who  was  supported  for  the  office  of  gover 
nor  by  the  federalists  and  a  small  fraction  of  the  re 
publican  party,  Mr.  Van  Buren  gave  his  vote — the 
first  he  ever  deposited  in  the  ballot-box — for  General 
Lewis,  as  the  regular  republican  nominee.  For  the 
same  reason  he  supported  Mr.  Tompkins  in  1807,  in 
opposition  to  Governor  Lewis,  then  a  candidate  for  re- 


APPOINTED   SURROGATE.  359 

election  under  circumstances  similar  to  those  of  Colonel 
Burr  three  years  previous. 

At  the  election  in  1807  the  united  forces  of  the 
Lewisites  and  federalists  were  defeated ;  Mr.  Tompkins 
was  chosen  governor,  and  with  him  a  majority  of  the 
republican  candidates  for  the  legislature.  In  the  follow 
ing  winter,  therefore,  a  new  council  of  appointment  was 
selected,  by  which  most  of  the  Lewisites  and  federalists 
were  removed  from  office,  and  their  places  filled  with 
republicans.  The  first  official  distinction  which  Mr. 
Van  Buren  ever  received  was  conferred  upon  him  by 
this  council.  On  the  20th  of  March,  1808,  he  was  ap 
pointed  Surrogate  of  the  county  of  Columbia. 

In  consequence  of  this  appointment,  and  in  the  hope 
of  adding  to  his  professional  business,  necessarily  limited 
in  a  place  so  retired  as  Kinderhook,  Mr.  Van  Buren 
determined  to  remove  to  Hudson,  the  county  seat,  which 
he  accordingly  did  toward  the  close  of  the  year.  His 
reputation  as  a  lawyer  had  already  extended  beyond 
the  limits  of  the  county,  and  his  removal  to  Hudson 
was  followed  by  an  increase  of  business.  Wealth,  and 
the  honors  of  the  profession,  constantly  flowed  in  upon 
him.  Mr.  Van  Ness  had  now  been  appointed  one  of 
the  Judges  of  the  Supreme  Court  of  the  state,  and  there 
remained  no  one  at  the  bar  of  the  county  to  dispute  the 
superiority  with  him  except  Elisha  Williams,  also  a 
resident  of  Hudson. 

Mr.  Williams  and  Mr.  Van  Buren  were  almost  al 
ways  arrayed  against  each  other.  The  former  was  no 


360  MARTIN    VAN    BUREN. 

mean  antagonist,  and  before  a  jury  was  probably  more 
effective  than  his  rival.  Both  were  able  reasoners,  but 
Mr.  Williams  dwelt  too  much  upon  the  strong  points 
of  his  case  and  amplified  and  illustrated  them,  while 
Mr.  Van  Buren  was  systematic  and  concise,  though 
he  neglected  nothing.  Both  possessed  eloquence,  but 
that  of  Mr.  Williams  was  extraneous  to  his  argument, 
while  that  of  Mr.  Van  Buren  was  inherent  in  it.  Mr. 
Williams  was  imaginative  and  a  splendid  declaimer, 
and  his  oratory  told  in  the  jury-box.  Mr.  Van  Buren 
was  clear,  plausible  and  convincing,  and  consequently 
more  successful  with  the  Court.  The  one  trusted  too 
much  to  his  own  genius,  but  the  other  was  careful 
to  prepare  himself  properly  for  every  professional  en 
counter. 

Mr.  Van  Buren,  however,  had  not  pursued  as  thorough 
a  course  of  legal  reading  and  study  as  he  desired  to 
do,  on  account  of  the  constant  employment  of  his  time 
in  his  practice,  but  upon  his  removal  to  the  county  seat, 
he  found  that  his  business,  though  more  extensive,  did 
not  call  him  so  much  from  home,  and  he  determined  to 
remedy  the  difficulty  before  it  was  too  late.  "  He  pur 
chased  a  very  extensive  and  well-selected  library  which 
had  been  the  property  of  an  eminent  lawyer,  then  de 
ceased,  and  devoted  his  best  energies  to  a  systematic 
and  extended  course  of  reading.  But  he  made  no 
parade  of  his  assiduity  ;  indeed,  his  habits  were  rather 
fitted  to  conceal  it.  During  the  busy  part  of  the  day, 
he  was  seen  constantly  mingling  in  conversation,  or 


POLITICAL    COURSE.  361 

engaged  in  his  ordinary  business,  with  those  who  had 
occasion  to  consult  him.  He  mingled  with  freedom, 
and  even  with  zest,  in  the  social  circle  and  more  formal 
visiting  assemblies;  and  in  the  habitual  cheerfulness 
of  his  manner  there  was  nothing  to  indicate  the  severe 
student.  He  chose  that  his  industry  should  rather  ap 
pear  by  its  proper  fruits  at  the  bar,  than  be  indicated 
by  morose  infractions  of  social  customs,  or  the  anxious, 
care-worn  visage,  which  many  put  on,  as  an  evidence 
of  severe  thought.  But  in  the  stillness  of  the  night,  he 
buried  his  whole  soul  in  the  researches  of  legal  science. 
At  that  propitious  season,  he  knelt  at  the  shrine  of  that 
'jealous  mistress  which  allows  no  rival/ and  communed 
with  those  eloquent  oracles  of  enlightened  reason,  which 
are  too  often  allowed  to  repose  in  silence  on  the  dusty 
shelf."* 

Throughout  the  administration  of  Mr.  Jefferson,  the 
subject  of  this  memoir  was  among  the  warmest  and 
most  active  of  his  friends  and  supporters.  He  approved 
of  the  restrictive  policy,  and,  generally,  of  all  the  prom 
inent  measures  affecting  the  domestic  or  foreign  rela 
tions  of  the  country.  In  1808,  his  preferences  were  for 
George  Clinton  as  the  successor  of  Mr.  Jefferson,  but 
he  cheerfully  acquiesced  in  the  decision  of  his  party 
in  favor  of  Mr.  Madison.  In  1810  he  supported  Gov 
ernor  Tompkins  for  reelection.  In  the  following  year 
he  signalized  his  attachment  to  the  venerable  Clinton 

*  Holland's  Life  of  Van  Buren,  p.  60. 
16 


362  MARTIN    VAN    BUREN. 

by  justifying  and  defending  his  casting  vote  against  the 
re-charter  of  the  old  bank  of  the  United  States. 

In  1812,  Mr.  Van  Buren  opposed  with  all  his  ability 
and  influence  the  proposition  to  charter  the  Bank  of 
America,  and  warmly  sustained  Governor  Tompkins  in 
his  prorogation  of  the  state  legislature.  At  a  repub 
lican  convention  held  in  Columbia  county,  he  deliv 
ered  an  able  speech  upon  this  subject,  and  procured  the 
adoption  of  a  series  of  resolutions  denouncing  and  con 
demning  the  incorporation  of  the  bank. 

Previous  to  the  annual  election  in  the  spring  of  1812, 
Mr.  Van  Buren  was  put  in  nomination  by  the  republi 
cans  of  the  Middle  District,  to  which  Columbia  county 
belonged,  as  their  candidate  for  State  Senator.  His 
opponent  was  Edward  P.  Livingston,  a  Madisonian 
republican  and  a  friend  to  the  Bank  of  America.  Mr. 
Van  Buren  was  the  regular  candidate  of  his  party,  but 
Mr.  Livingston,  who  was  then  a  member  of  the  Senate 
and  afterward  voted  for  the  bank  charter,  received  the 
support  of  the  interest  advocating  it,  and  of  the  entire 
federal  party  of  his  district,  in  addition  to  that  of  his 
Lewisite  friends.  The  former  was  successful,  in  spite 
of  the  influences  opposed  to  his  success ;  yet  his  ma 
jority  was  only  two  hundred  in  a  poll  of  twenty  thou 
sand  votes.  From  this  time  he  remained  almost  con 
stantly  in  public  life,  up  to  the  period  of  his  retirement 
from  the  presidency. 

Elected  to  the  New  York  Senate  as  a  Clintonian 
republican,  Mr.  Van  Buren  would  have  been  faithless 


SUPPORT    OF    DE    WITT    CLINTON.  363 

to  his  friends  had  he  not  supported  De  Witt  Clinton  at 
the  presidential  election  in  1812.  He  was  not  a  mem 
ber  of  the  legislature  by  which  that  gentleman  was 
originally  nominated,  but  he  undoubtedly  approved  of 
its  proceedings.  His  support  of  Mr.  Clinton  was  an 
error,  perhaps,  but  after  his  election  to  the  Senate  he 
could  not  well  have  avoided  it.  Admitting  that  he 
erred  in  this  respect,  it  will  not  appear  at  all  strange, 
when  we  reflect  that  more  than  three  fourths  of  the 
republican  party  in  New  York  were  ardently  in  favor 
of  Mr.  Clinton. 

It  is  a  gross  mistake,  however,  to  charge  Mr.  Van 
Buren,  as  has  been  done  in  the  heat  of  party  contests, 
with  opposition  to  the  war  of  1812.  He  approved  of 
all  the  war  measures  adopted  at  the  congressional  ses 
sion  of  1811-12,  including  the  declaration,  and  the 
records  of  the  New  York  legislature  show  that  he  sus 
tained  the  national  authorities,  from  first  to  last,  to  the 
utmost  of  his  ability.  Had  he  not  been  convinced 
that  the  war  would  be  prosecuted  with  greater  vigor 
and  energy  under  the  auspices  of  Mr.  Clinton  than 
under  those  of  Mr.  Madison,  he  would  have  withheld 
his  support  from  the  former  even  at  the  last  moment. 
But  such  was  his  firm  conviction ;  and,  considering  the 
character  of  the  two  men — the  one  bold  and  decisive, 
and  the  other  timid  and  hesitating — it  is  impossible  to 
see  how  he  could  have  arrived  at  a  different  conclusion. 

Mr.  Van  Buren  took  his  seat  in  the  Senate  at  the 
extra  session  in  November,  1812.  Though  it  was  his 


364  MARTIN    VAN    BUREN. 

first  appearance  in  a  legislative  body,  his  character  and 
talents  were  so  well  known  and  so  highly  appreciated, 
that  he  was  complimented  with  the  unusual  honor  of 
an  appointment  on  the  committee  to  prepare  an  answer 
to  the  governor's  speech.  The  answer  was  drawn  up 
and  reported  by  him.  In  it  he  fully  approved  of  the 
war,  and  insisted,  to  quote  its  language,  "  that  at  a 
period  like  the  present,  when  our  country  is  engaged 
in  a  war  with  one  of  the  most  powerful  nations  of 
Europe,  difference  of  opinion  on  abstract  points  should 
not  be  suffered  to  impede  or  prevent  our  united  and 
vigorous  support  of  the  constituted  authority  of  the 
nation." 

In  the  republican  legislative  caucus  held  for  the 
nomination  of  presidential  electors,  Mr.  Van  Buren 
took  a  prominent  part.  The  friends  of  Mr.  Madison 
claimed  that  a  portion  of  the  electors  ought  to  be  se 
lected  by  them ;  but  he  opposed  this  in  a  speech,  and 
contended  that  the  republicans  of  the  state  had  de 
cided  at  the  election  in  the  spring  of  1812,  and  at  the 
legislative  caucus  in  May  following,  that  Mr.  Clinton 
was  their  choice  for  the  presidency.  He  earnestly 
protested,  therefore,  against  any  division  of  the  vote  of 
New  York,  and  a  majority  of  the  caucus  coincided 
with  him  in  opinion.  Through  his  tact  and  address, 
for  he  at  once  took  the  lead  of  the  Clintonian  repub 
licans,  electors  were  fixed  upon,  and  chosen  by  the 
legislature,  who  gave  their  votes  to  Mr.  Clinton.  The 
federalists  had  now  taken  up  Mr.  Clinton  as  their  can- 


REPUBLICAN    ADDRESS.  365 

didate,  and  they  held  the  balance  of  power  in  the  legis 
lature,  between  the  Clintonian  and  the  Madisonian  re 
publicans.  Yet  Mr.  Van  Buren  would  not,  nor  did  he 
consent,  to  any  union  with  his  old  opponents.  The 
votes  of  some  of  the  federal  members  were  given  for 
the  Clintonian  electors,  but  there  was  no  amalgamation 
of  parties. 

It  has  been  charged  against  Mr.  Van  Buren,  that, 
through  his  instrumentality,  a  bargain  was  made  with 
the  federal  members,  and  that  they  agreed  to  vote  for 
the  Clintonian  electors,  upon  the  consideration  that 
Rufus  King  should  be  returned  to  the  Senate  of  the 
United  States.*  This  was  certainly  not  the  case. 
There  was  no  friendship  whatsoever  between  De  Witt 
Clinton  and  Mr.  King;  but  the  federalists,  without 
doubt,  had  an  understanding  with  the  friends  of  Mr. 
Clinton  who  favored  the  incorporation  of  the  Bank  of 
America.  The  latter  were  ripe  for  intrigue,  and  Mr. 
King  was  indebted  to  them  for  his  election. 

Almost  the  first  business  of  the  members  of  the  legis 
lature  at  the  regular  session  in  the  following  winter, 
was  to  select  candidates  for  the  gubernatorial  election. 
Mr.  Van  Buren  advocated  and  voted  for  the  renomi- 
nation  of  Governor  Tompkins,  at  the  republican  caucus, 
and  was  selected  to  prepare  the  address  to  the  electors 
of  the  state.  The  following  extracts  from  this  paper 
are  favorable  specimens  of  his  style  as  a  writer,  and  show 
the  position  which  he  occupied  in  regard  to  the  war. 

*  Defence  of  Judge  Spencer,  1843. 


MARTIN    VAN    BUREN. 

"  In  making  this  appeal,  which  is  sanctioned  by  usage  and  the 
cessity  of  which  is  rendered  imperious  by  the  situation  of  our  com 
mon  country,  we  feel  it  to  be  our  duty,  as  it  is  our  wish,  to  speak  to 
you  in  the  language  which  alone  it  becomes  freemen  to  use — the  lan 
guage  to  which  alone  it  becomes  freemen  to  listen — the  language 
of  truth  and  sincerity ; — to  speak  to  you  of  things  as  they  are  and 
as  they  should  be, — to  speak  to  you  with  unrestrained  freedom  of 
your  rights  and  your  duties, — and  if  by  so  doing  we  shall  be  so  for 
tunate  as  to  convince  you  of  the  correctness  of  the  opinion  we  hold ; 
to  communicate  to  you  the  anxious  solicitude  we  feel  for  our  country 
and  its  rights ;  to  turn  your  attention  from  the  minor  considerations 
which  have  hitherto  divided,  distracted,  and  disgraced  the  American 
people,  and  to  direct  it  exclusively  to  the  contemplation  and  support 
of  your  national  honor  and  national  interests,  our  first  and  only  object 
will  be  effected. 

"  That  tempest  of  passion  and  of  lawless  violence  which  has  hitherto 
almost  exclusively  raged  in  the  countries  of  the  old  world,  which  has 
ravaged  the  fairest  portions  of  the  earth,  and  caused  her  sons  to  drink 
deep  of  the  cup  of  human  misery — not  satiated  by  the  myriads  of  vic 
tims  which  have  been  sacrificed  at  its  shrine,  has  reached  our  hitherto 
peaceful  shores.  After  years  of  forbearance  in  despite  of  concessions 
without  number,  and  we  had  almost  said,  without  limitation,  that  cruel 
and  unrelenting  spirit  of  oppression  and  injustice  which  has  for  centu 
ries  characterized  the  British  cabinet,  overwhelmed  nation  after  nation, 
and  caused  humanity  to  shed  tears  of  blood,  has  involved  us  in  a  war, — 
on  the  termination  of  which  are  staked  the  present  honor,  and  the 
future  welfare  of  America. 

"  While  thus  engaged  in  an  arduous  and  interesting  struggle  with  the 
open  enemies  of  our  land  from  without,  the  formation  of  your  govern 
ment  requires  that  you  should  exercise  the  elective  franchise, — a  right 
which  in  every  other  country  has  been  destroyed  by  the  ruthless  hand 
of  power,  or  blasted  by  the  unhallowed  touch  of  corruption;  but 
which,  by  the  blessings  of  a  munificent  Providence,  has  as  yet  been 
preserved  to  you  in  its  purity. 

"  The  selection  of  your  most  important  functionaries  is  at  hand.     In 


REPUBLICAN    ADDRESS.  367 

a  government  like  ours,  where  all  power  and  sovereignty  rest  with  the 
people,  the  exercise  of  this  right  and  the  consequent  expression  of  pub 
lic  interest  and  public  feeling,  is,  on  ordinary  occasions,  a  matter  of 
deep  concern,  but  at  a  period  like  the"  present,  of  vital  importance;  — 
to  satisfy  you  of  that  importance,  arid  to  advise  you  in  its  exercise,  is 
the  object  of  this  address." 

After  presenting  a  clear  and  succinct  account  of  the 
origin  and  causes  of  the  war,  showing  the  necessity 
that  forced  its  declaration  upon  the  government  of  the 
United  States,  and  referring  to  the  temporary  repeal 
of  the  orders  in  council,  and  their  reenactment,  the 
address  continues:  — 


"  The  American  people  —  a  people  rich  in  resources,  possessed 
high  sense  of  national  honor,  the  only  free  people  on  earth,  —  had  re 
solved  in  the  face  of  an  observing  world,  that  those  orders  were  a  di 
rect  attack  upon  their  sovereignty  —  that  a  submission  to  them  involved 
a  surrender  of  their  independence  ;  and  a  solemn  determination  to  ad 
here  to  them,  was  officially  declared  by  the  ruler  of  the  British  nation, 
Thus  situated,  what  was  your  government  to  do  ?  Was  there  room 
for  doubt  or  hesitation  as  to  the  hostile  views  of  England?  No.  Lest 
such  doubts  might  prevent  a  rupture,  to  acts  of  violent  injustice  were 
continually  added  acts  of  the  most  opprobrious  insult.  While  the 
formal  relations  of  amity  remained  yet  unbroken  —  while  peace  was  yet 
supposed  to  exist  —  in  cool  blood  an  unprovoked  attack  is  made  upon 
one  of  your  national  ships,  and  several  American  citizens  basely  and 
cowardly  murdered.  At  the  moment  your  feelings  were  at  the  highest 
pitch  of  irritation  in  consequence  of  the  perfidious  disavowal  of  Ers- 
kine's  agreement,  a  minister  is  sent,  not-  to  minister  to  your  rights  —  not 
to  extenuate  the  conduct  of  his  predecessor  —  but  to  beard  your  Execu 
tive  —  to  add  insult  to  injury  ;  and  to  fling  contumely  and  reproach  in 
the  face  of  the  Executive  of  the  American  nation,  in  the  presence  of 
the  American  people. 


MARTIN    VAN    BUREN. 

M  To  cap  the  climax  of  her  iniquity ;  to  fill  up  the  measure  of  our 
wrongs ;  she  resolved  to  persist  in  another  measure,  surpassed  by  none 
in  flagrant  enormity — a  measure  which  of  itself  was  adequate  cause  of 
war — a  measure  which  had  excited  the  liveliest  solicitude,  and  received 
the  unremitting  attention  of  every  administration  of  our  government, 
from  the  time  of  Washington  to  the  present  day ;  the  wicked,  the  odi 
ous  and  detestable  practice  of  impressing  American  seamen  into  her 
service ;  of  entombing  our  sons  within  the  walls  of  her  ships  of  war ; 
compelling  them  to  waste  their  lives,  and  spill  their  blood  in  the  ser 
vice  of  a  foreign  government — a  practice  which  subjected  every  Ameri 
can  tar  to  the  violence  and  petty  tyranny  of  a  British  midshipman, 
and  many  of  them  to  a  life  of  the  most  galling  servitude — a  practice 
which  never  can  be  submitted  to  by  a  nation  professing  claims  to  free 
dom  ;  which  can  never  be  acquiesced  in  by  government  without  rescind 
ing  the  great  article  of  our  safety,  the  reciprocity  of  obedience  and  pro 
tection  between  the  rulers  and  the  ruled. 

"  Under  such  accumulated  circumstances  of  insult  and  of  injury,  we 
ask  again,  what  was  your  government  to  do  ?  We  put  the  question 
not '  to  that  faction  which  misrepresents  the  government  to  the  people, 
and  the  people  to  the  government ;  traduces  one  half  the  nation  to  ca 
jole  the  other — and  by  keeping  up  distrust  and  division,  wishes  to  be 
come  the  proud  arbiter  of  the  fortune  and  fate  of  America,' — not  to 
them,  but  to  every  sound  head  and  honest  heart  in  the  nation,  it  is  that 
we  put  the  question, — What  was  your  government  to  do  ?  Was  she 
basely  and  ingloriously  to  abandon  the  rights  for  which  you  and  your 
fathers  fought  and  bled  I  Was  she  so  early  to  cower  to  the  nation 
which  has  sought  to  strangle  us  in  our  infancy,  and  which  has  never 
ceased  to  retard  our  approach  to  manhood  ?  No :  we  will  not  for  a 
moment  doubt,  that  every  man  who  is  in  truth  and  fact  an  American 
will  say  that  war,  and  war  alone,  loas  our  only  refuge  from  national 
degradation — our  only  course  to  national  prosperity  ! 

"  Fellow-citizens— throughout  the  whole  period  of  the  political 
struggles,  which,  if  they  have  not  absolutely  disgraced,  have  certainly 
not  exalted  our  character,  no  remark  was  more  common — no  expecta 
tion  more  cheerfully  indulged  in — than  that  those  severe  and  malevo- 


REPUBLICAN    ADDRESS.  369 

lent  contentions  would  only  be  sustained  in  time  of  peace  ;  that  when 
the  country  should  be  involved  in  war,  every  wish,  and  every  senti 
ment  would  be  exclusively  American.  But  unfortunately  for  our 
country,  those  reasonable  expectations  have  not  been  realised,  notwith 
standing  every  one  knows,  that  the  power  of  declaring  war,  and  the 
duty  of  supporting  it,  belong  to  the  General  Government;  notwith 
standing  that  the  constitutional  remedy  for  the  removal  of  the  men  to 
whom  this  power  is  thus  delegated,  has  recently  been  afforded  ;  not 
withstanding  the  reelection  of  the  same  president  by  whom  this  war 
was  commenced,  and  a  majority  of  representatives,  whose  estimate  of 
our  rights,  and  whose  views  are  similar  to  those  who  first  declared  it ; 
men,  who,  by  the  provisions  of  the  constitution,  must  retain  their  re 
spective  stations  for  a  period  of  such  duration,  as  precludes  a  continued 
opposition  of  their  measures  without  a  complete  destruction  of  our 
national  interest — an  opposition  at  once  unceasing  and  malignant,  is 
still  continued,  to  every  measure  of  the  administration.  *  *  *  * 
Among  the  most  prominent  of  those  charges,  [charges  against  the 
state  and  national  administrations,]  is  that  of  enmity  to  commerce,  on 
the  part  of  the  republican  administrations.  Never  was  there  a  calum 
ny  more  wicked.  Enmity  to  commerce !  We  ask,  and  we  ask  em 
phatically,  where  is  the  evidence  of  it  ?  "What  is  the  basis  on  which 
they  rest  their  claim  to  public  confidence  ?  It  is  that  the  administra 
tion  is  engaged  in  a  war  which  they  claim  to  be  unpopular.  What  are 
the  causes  for  which  this  war  is  waged,  and  which  have  hitherto  em 
broiled  us  with  the  nations  of  Europe  ?  They  are  the  violation  of  our 
commercial  rights,  and  the  impressment  of  our  seamen  !  The  adminis 
tration  then,  are  jeopardizing  their  interest  with  the  people;  they 
furnish  weapons  of  offence  to  their  adversaries ;  they  brave  all  dangers, 
for  the  maintenance  and  support  of  our  commercial  rights ;  and  yet 
they  are  the  enemies  of  commerce !  Can  such  base  sophistry,  such 
contemptible  nonsense,  impose  on  the  credulity,  or  pervert  the  under 
standing  of  a  single  honest  man  ? 

"  Suffer  not  yourselves  to  be  deceived  by  the  pretence,  that  because 
Great  Britain  has  been  forced  by  her  subjects  to  make  a  qualified  re 
peal  of  her  orders,  our  government  ought  to  abandon  her  ground. 

16* 


370  MARTIN    VAN    BUREN. 

That  ground  was  taken  to  resist  two  great  and  crying  grievances,  the 
destruction  of  our  commerce  and  the  impressment  of  our  seamen.  The 
latter  is  the  most  important,  in  proportion  as  we  prefer  the  liberty  and 
lives  of  our  citizens  to  their  property.  Distrust,  therefore,  the  man 
who  could  advise  your  government  at  any  time,  and  more  especially,  at 
this  time, — whon  your  brave  sailors  are  exciting  the  admiration,  and 
forcing  the  respect  of  an  astonished  world ;  when  their  deeds  of  heroic 
valor  make  old  Ocean  smile  at  the  humiliation  of  her  ancient  tyrant — 
at  such  a  tune,  we  say  again,  mark  the  man  who  would  countenance 
government  in  commuting  our  sailors'  rights  for  the  safety  of  our 
merchants'  goods.  *  ( *  *  * 

"  Fellow-citizens — should  those  political  witlings,  who  are  not  only 
ignorant  themselves  of  the  leading  points  of  controversy  in  our  dis 
putes  with  the  belligerents,  but  who  are  uniformly  assailing  you  aa 
men  destitute  at  once  of  spirit  and  of  judgment — should  they  point  to 
the  wars  which  agitate  and  have  convulsed  Europe,  as  arguments 
against  the  prosecution  of  that  just  and  necessary  one  which  has  been 
forced  upon  us,  we  know  that  you  will  indignantly  repel  the  unfounded 
suggestion.  The  wars  of  Europe  are  waged  by  monarchs,  to  gratify 
their  individual  malice,  their  individual  caprice,  and  to  satiate  their  law 
less  ambition.  Ours  is  in  defence  of  rights  which  must  be  defended, 
or  our  glory  as  a  nation  will  be  extinguished — the  sun  of  our  greatness 
will  set  forever.  As  well  might  it  have  been  said  during  the  revolution 
that  war  should  not  be  waged,  because  wars  had  desolated  Europe. 
The  same  rights  you  then  fought  to  obtain  you  must  now  fight  to  pre 
serve—the  contest  is  the  same  now  as  it  was  then — and  the  feelings, 
which  then  agitated  the  public  mind,  which  on  the  one  hand  supported, 
and  on  the  other  sought  to  destroy,  the  liberties  of  the  country,  will  be 
seen  and  felt  in  the  conduct  of  the  men  of  this  day.  *  *  *  * 

"  We  solicit  the  honest  men  of  all  parties — to  remember  that  ours  is  the 
last  republic — that  all  the  influence  of  the  crowned  heads  of  Europe 
has  been  exerted  to  propagate  the  doctrine,  that  a  government  like 
ours  can  never  stand  the  rude  shock  of  war ;  to  reflect  that  this  is  the 
first  occasion  in  which  this  government  has  been  engaged  in  a  war,  and 
that  the  great  and  interesting  questions,  whether  man  is  capable  of 


SUPPORT  OF  MADISON'S  ADMINISTRATION.       371 

eelf-government,  whether  our  republic  must  go  the  way  of  its  prede 
cessors,  or  whether,  supported  by  the  hearts  and  arms  of  her  free  citi 
zens,  she  shall  deride  the  revilings,  and  defeat  the  machinations  of  her 
enemies,  are  now  to  be  tried.'* 

After  reading  this  address,  no  one  could  mistake  the 
position  which  Mr.  Van  Buren  occupied  in  relation  to 
the  war.  Indeed,  had  it  not  been  for  the  support  of 
Mr.  Clinton  by  the  federalists  in  1812,  this  would  never 
have  been  questioned.  The  truth  was,  that  nearly  all 
the  republican  members  of  the  New  York  legislature 
who  were  the  most  active  in  procuring  the  original 
nomination  of  Mr.  Clinton,  and  in  securing  electors 
friendly  to  him,  cordially  and  heartily  supported  the 
war  measures  of  the  national  administration.  This 
was  especially  true  of  Mr.  Van  Buren.  He  approved 
of  the  declaration  of  war  from  the  first,  and  at  all 
times,  and  on  all  occasions,  defended  the  policy  and 
the  measures  of  Mr.  Madison.  His  support  of  Mr. 
Clinton  was  a  mere  matter  of  personal  preference,  and 
he  was  mainly  influenced  in  this  by  his  ardent  desire 
to  see  the  war  prosecuted  with  greater  vigor.  At  the 
time,  his  position  was  well  understood.  Notwithstand 
ing  he  had  preferred  Mr.  Clinton  to  Mr.  Madison, 
when  the  latter  was  reflected,  he  was  ranked  among 
the  firmest  friends  of  his  administration,  and  was  hon 
ored  with  repeated  marks  of  the  confidence  reposed  in 
his  political  fidelity  as  well  as  in  his  ability  as  a  law 
yer. — Mr.  Dallas,  afterward  the  secretary  of  the  treas 
ury,  being  unable  to  attend  the  court  martial  held  for 


372  MARTIN    VAN    BUREN. 


- 

substi- 


the  trial  of  General  Hull,  Mr.  Van  Buren  was 
tuted  for  him  as  special  judge  advocate,  and  conducted 
this  important  proceeding,  in  a  manner  highly  credit 
able  to  himself,  and  to  the  entire  satisfaction  of  the 
government.  Subsequently,  he  was  appointed  to  per. 
form  the  same  duty  on  the  trial  of  General  Wilkinson, 
but  the  latter  objected  to  the  appearance  of  a  special 
judge  advocate,  and  his  objection  was  sustained  by  the 
court. 

At  the  extra  session  of  the  legislature  in  the  fall  of 
1812,  Mr.  Van  Buren  voted  for  a  resolution  authorizing 
the  comptroller  of  the  state  to  subscribe  half  a  million 
of  dollars  to  the  United  States'  loan  of  sixteen  millions, 
which  passed  the  Senate,  but  was  defeated  by  the  fed 
eralists  in  the  Assembly.  In  the  winter  of  1813,  he 
advocated  a  proposition  to  loan  the  national  govern 
ment  half  a  million  of  dollars,  but  this  also  failed. 

When  Mr.  Van  Buren  first  entered  public  life,  he 
was  prejudiced  in  favor  of  De  Witt  Clinton,  but  a  more 
intimate  acquaintance  seems  to  have  been  followed  on 
both  sides  by  mutual  dislike.  Mr.  Clinton  was  one  of 
those  who  at  first  underrated  the  talents  of  Mr.  Van 
Buren,  and  as  the  latter  could  not  be  a  sycophant,  he 
probably  felt  himself  slighted.  He  was,  also,  much  too 
independent  in  his  course,  to  follow  a  leader  like  Mr. 
Clinton,  who  warmly  resented  his  support  of  the 
national  administration,  and  of  Mr.  Tompkins  in  1813. 
In  consequence  of  these  feelings,  their  political  rela 
tions  were  interrupted,  and  never  again  resumed. 


SPEECH  BEFORE  THE  CONFERENCE  COMMITTEE.   373 

Governor  Tompkins  was  reflected  in  the  spring  of 
1813,  but  owing  to  the  disaffection  of  Mr.  Clinton  and 
his  personal  friends,  the  federalists  maintained  their 
ascendency  in  the  lower  branch  of  the  legislature. 
Consequently,  nothing  could  be  done,  as  the  republican 
majority  in  the  Senate  desired,  toward  sustaining  and 
supporting  the  general  government  in  the  prosecution 
of  the  war.  The  legislative  session  commencing  in 
January,  1814,  was  characterized,  therefore,  by  the 
usual  disagreements  between  the  two  houses,  and  the 
scenes  of  political  violence,  of  crimination  and  recrimi 
nation,  to  which  they  always  give  rise.  The  Senate 
promptly  passed  such  acts  as  the  exigencies  of  the 
country  seemed  to  require,  but  the  other  house  as 
promptly  rejected  them.  In  order  to  reconcile  these 
differences,  committees  of  conference  were  frequently 
appointed.  "In  these  conferences  the  measures  in 
dispute  were  publicly  discussed,  and  the  discussion  em 
braced  the  general  policy  of  the  administration  and  the 
expediency  of  the  war.  The  exciting  nature  of  the 
questions  thus  debated,  the  solemnity  of  the  occasion, 
the  discussions  being  conducted  in  the  presence  of  the 
two  houses,  and  the  brilliant  talents  of  the  parties  to 
the  controversy,  drew  vast  audiences,  and  presented  a 
field  for  the  display  of  eloquence  unsurpassed,  in  dignity 
and  interest,  by  the  assemblies  of  ancient  Greece. 
Mr.  Van  Buren  was  always  the  leading  speaker  on  the 
part  of  the  Senate ;  and  by  the  vigor  of  his  logic,  his 
acuteness  and  dexterity  in  debate,  and  the  patriotic 


374  MARTIN    VAN    BUREN. 

spirit  of  his  sentiments,  commanded  great  applause. 
A  speech  which  he  delivered  on  one  of  those  occasions 
was  so  replete  with  eloquence  and  patriotic  views,  that 
a  committee  appointed  by  the  republicans  of  Albany, 
formally  presented  him  the  thanks  of  the  party,  and 
requested  a  copy  for  publication.  This  request  could 
not  be  complied  with,  as  the  speech  had  been  delivered 
entirely  without  notes."  * 

Rarely  has  so  high  a  reputation  as  a  legislator  been 
achieved  in  so  brief  a  time,  as  in  the  case  of  Mr.  Van 
Buren.  When  first  elected  to  the  Senate,  he  was  com 
paratively  little  known  beyond  the  limits  of  Columbia 
and  the  adjoining  counties,  but  he  very  soon  became 
the  acknowledged  leader  of  the  republican  phalanx  in 
the  legislature.  A  friend  of  the  writer,  and  a  warm 
admirer  of  Mr.  Van  Buren,  then  a  resident  of  Albany, 
describes  his  appearance  when  he  first  came  to  that 
city  as  a  senator,  as  being  anything  else  than  pre 
possessing.  Dressed  in  a  green  coat,  buff  breeches, 
and  white  topped  boots,  and,  withal,  bearing  himself 
somewhat  jantily,  he  looked  much  more  like  a  sports 
man  than  a  legislator.  Only  a  few  months  passed  by, 
however,  before  his  opinions  and  his  wishes  were  re 
garded  with  deference  in  the  political  circles  of  the 
capital.  He  was  found  to  be  shrewd  and  intelligent ; 
well  versed  in  the  knowledge  of  human  nature;  a 
skilful  and  ready  debater ;  powerful  in  argument,  and 
eloquent,  or  at  least  interesting,  on  all  occasions ;  cool 
*  Holland's  Life  of  Van  Buren,  p.  103. 


WAR    MEASURES.  375 

and  cautious  in  deliberation,  but  prompt  and  energetic 
in  execution, — and  possessing  such  traits,  it  was  not 
difficult  for  him  to  reach  that  commanding  position 
which  his  talents  enabled  him  to  maintain. 

The  patriotic  efforts  of  Mr.  Van  Buren,  supported 
though  they  were  by  the  eloquence  of  Nathan  Sanford 
and  Erastus  Root,  proved  unavailing ;  and  the  year 
1813  rolled  away,  without  any  effort  having  been  made 
in  support  of  the  war,  worthy  of  the  character  and 
position  of  the  great  state  of  New  York.  But  the  war 
was  popular  with  the  people,  and  at  the  annual  election 
in  the  spring  of  1814,  the  republicans  elected  a  majority 
of  the  members  of  the  assembly,  and  thus  secured  both 
branches  of  the  legislature. 

Governor  Tompkins  lost  no  time  in  convening  the 
new  legislature.  On  account  of  the  exposed  condition 
of  the  state,  and  in  view  of  the  unexampled  severity 
with  which  the  war  had  been  waged  on  the  Atlantic 
coast  during  the  summer,  an  extra  session  was  called, 
which  commenced  in  September.  Mr.  Van  Buren 
again  prepared  the  address  in  reply  to  the  governor's 
speech.  This  paper  abounded  in  patriotic  sentiments, 
and  in  strong  and  eloquent  language  exhorted  the 
people  of  the  state  to  forget  their  party  divisions,  and 
to  rally  like  brethren  to  the  defence  of  the  national 
honor  and  their  common  country. 

At  this  session  several  war  measures  of  a  most  de 
cided  character  were  proposed  and  adopted.  Among 
them  were  acts  to  encourage  privateering,  and  to  au- 


376  MARTIN    VAN    BUREN. 

thorize  the  raising  of  troops  for  the  defence  of  the 
state,  the  latter  of  which  was  drafted  by  Mr.  Van 
Buren.  This  act,  commonly  known  as  "  the  classifi 
cation  law,"  authorized  the  governor  to  place  at  the 
disposal  of  the  general  government  twelve  thousand 
men  for  two  years,  who  were  to  be  raised  by  classifica 
tions  of  the  militia  of  the  state ;  and  it  was  afterward 
justly  characterized  by  Senator  Benton,  of  Missouri, 
as  "  the  most  energetic  war  measure  ever  adopted  in 
our  America/  The  federalists  in  the  New  York  legis 
lature  resisted  the  passage  of  the  bill  at  every  step, 
and  sought  to  render  it  and  its  author  unpopular  and 
odious,  by  calling  it  the  "  conscription  bill."  It  finally 
passed  both  houses,  and  became  a  law  on  the  24th  of 
October.  Previous  to  this  time  a  copy  of  it  had  been 
sent  to  Mr.  Monroe,  the  then  secretary  of  war,  and  it 
may  have  suggested  to  him  some  of  the  features  of  the 
similar  measure  proposed  by  him  in  his  report  to  Con 
gress  of  the  15th  of  October. 

In  the  council  of  revision,  both  the  act  to  encourage 
privateering,  and  the  classification  law,  encountered  the 
warm  and  determined  opposition  of  Chancellor  Kent, 
who,  in  politics,  was  a  federal  of  the  old  school.  As  a 
member  of  the  council  he  delivered  opinions  adverse 
to  the  bills,  which  were  overruled  by  the  other  mem 
bers,  but  made  public  through  the  Albany  papers. 
Samuel  Young,  the  speaker  of  the  assembly,  immedi 
ately  entered  the  lists  in  defence  of  the  classification 
Jaw,  and  in  several  articles  signed  "  Juris  Consuttus" 


CLASSIFICATION    LAW.  377 

to  which  the  chancellor  replied  under  the  signature  of 
"  Amicus  Curice"  defended  the  measure  with  great 
ability.  Mr.  Van  Buren  was  well  satisfied  with  what 
Colonel  Young  had  said  upon  the  subject  of  the  im 
peached  law ;  but  as  the  chancellor  had  dwelt  at  much 
length,  and  with  unusual  earnestness,  on  the  unconsti 
tutionally  and  the  immoral  tendencies  of  the  act  to 
encourage  privateering,  he  came  to  the  aid  of  his 
friend,  and  examined  the  strictures  of  the  chancellor 
in  a  number  of  ably  written  papers  signed  "Amicus 
Juris  Consultus"  The  articles  written  by  Mr.  Van 
Buren  reviewed  the  whole  ground  of  controversy  in 
respect  to  both  measures,  but  were  chiefly  confined  to 
the  objections  of  the  chancellor  to  the  act  to  encourage 
privateering. 

At  the  next  regular  session  of  the  legislature,  which 
commenced  in  January,  1815,  Mr.  Van  Buren  again 
took  the  lead  in  bringing  forward  and  advocating  the 
adoption  of  war  measures.  On  his  motion  a  committee 
was  appointed,  of  which  he  was  made  chairman,  to 
consider  whether  any,  and  what,  additional  provisions 
were  required  to  carry  the  classification  law  into  suc 
cessful  operation ;  in  which  duty  he  was  engaged,  when 
the  intelligence  was  received  that  a  treaty  of  peace 
had  been  signed  in  the  month  of  December  previous. 

On  the  13th  of  February,  1815,  he  was  appointed  on 
a  committee  to  prepare  resolutions  expressing  the  sen 
timents  of  the  legislature  in  relation  to  the  brilliant 
victory  of  General  Jackson  at  New  Orleans ;  and  as  a 


378  MARTIN    VAN    BUREN. 

member  of  the  committee,  he  prepared  the  appropriate 
preamble  and  resolutions  reported  to  the  Senate.  At 
the  same  session,  he  made  an  able  report,  from  a  com 
mittee  of  which  he  was  chairman,  recommending  a 
loan  to  the  general  government  for  the  immediate  pay 
ment  of  the  militia  of  the  state  who  had  been  called 
into  the  national  service. 

After  the  peace,  at  the  regular  session  of  the  legisla 
ture  in  the  winter  of  1816,  Mr.  Van  Buren  once  more 
referred  to  the  recent  contest,  in  an  answer  to  the 
governor's  speech  which  he  prepared,  as  a  war,  "  not 
only  righteous  in  its  origin  but  successful  in  its  prose 
cution." — Thus,  from  the  commencement  to  the  close 
of  hostilities,  was  he  intimately  identified,  in  his  capa 
city  as  a  member  of  the  New  York  legislature,  with 
"the  second  war  of  Independence."  No  man  con 
tributed  more  than  he  to  the  adoption  of  the  important 
war  measures  which  have  been  mentioned.  Through 
out  the  contest  he  supported  and  defended  both  the 
national  and  state  administrations ;  he  counselled  and 
advised  with  Governor  Tompkins,  and  sustained  him 
in  the  energetic  and  decided  course  which  he  saw  fit 
to  pursue,  in  that  dark  period  of  the  struggle,  when  a 
powerful  enemy  were  plundering  and  devastating  our 
frontier  towns,  and  treason  was  plotting  at  Hartford. 

His  senatorial  duties  did  not  withdraw  Mr.  Van 
Buren  from  his  profession,  but  he  continued  its  practice 
with  a  daily  increasing  reputation.  The  legal  knowl 
edge  and  ability  displayed  in  his  forensic  encounters 


PROFESSIONAL    CAREER.  379 

before  the  Supreme  Court  when  in  session  at.  the  capi- 
tol,  and  in  his  opinions  as  a  member  of  the  Court  of 
Errors,  together  with  the  talent  exhibited  by  him  in  the 
debates  in  the  Senate,  led  to  his  appointment,  in  the 
month  of  February,  1815,  as  attorney  general  of  the 
state,  in  the  place  of  Abraham  Van  Vechten.  During 
the  same  session  of  the  legislature,  he  was  also  ap 
pointed  one  of  the  regents  of  the  university. 

After  his  appointment  as  attorney  general,  his  pro 
fessional  business,  aside  from  that  connected  with  his 
office,  at  once  became  more  extensive ;  and  in  addition 
to  the  consideration  and  influence  which  naturally 
follow  success  in  such  a  career,  he  reaped  an  abundant 
harvest  of  wealth  and  fame.  He  was  often  called  to 
distant  sections  of  the  state,  to  attend  the  circuits ;  and 
both  here,  and  before  the  court  in  bank,  he  was  accus 
tomed  to  meet,  either  as  associate  counsel,  or  as  oppo 
nent,  the  leading  members  of  the  bar  of  New  York, 
conspicuous  among  whom  were  Aaron  Burr,  Abraham 
Van  Vechten,  Thomas  Addis  Emmett,  John  Wells, 
John  V.  Henry,  Elisha  Williams,  Samuel  Jones,  and 
Thomas  J.  Oakley.  In  comparison  with  these  eminent 
advocates  Mr.  Van  Buren  suffered  nothing ;  and  from 
the  time  of  his  appointment  as  attorney  general  till  his 
final  retirement  from  the  bar,  his  life  presents  an  array 
of  professional  triumphs  and  distinctions  not  often  sur 
passed  in  brilliancy. 

He  was  reflected  to  the  Senate  in  the  spring  of  1816, 
and  shortly  afterward  removed  to  the  city  of  Albany, 


380  MARTIN    VAN    BUREN. 

on  account  of  the  increase  of  his  professional  business, 
and  in  order  to  discharge  the  duties  of  his  office  with 
greater  ease  and  dispatch.  In  1817,  he  took  into  part 
nership  his  distinguished  pupil  Benjamin  F.  Butler,  who 
has  reflected  so  much  honor  on  his  preceptor,  who 
afterward  became  attorney  general  of  the  United 
States  and  secretary  of  war  ad  interim,  and  is  now 
justly  considered  one  of  the  ablest  lawers  in  the  state 
and  nation.  Mr.  Butler  remained  connected  with  him 
in  business,  till  his  election  to  the  United  States'  Senate 
in  1821,  with  the  exception  of  a  few  months  in  1819, 
which  the  former  spent  at  Sandy  Hill  in  charge  of  the 
Washington  and  Warren  bank.  After  hi-s  election  as 
a  senator  in  Congress,  Mr.  Van  Buren  partially  with 
drew  from  practice,  leaving  his  large  business  to  Mr. 
Butler.  He  was  occasionally  employed,  however,  in 
important  causes.  In  1823,  he  argued  the  case  of 
Wilkes  against  Lion,  and  in  1828,  that  of  Varick 
against  Johnson,  before  the  Court  of  Errors.  Both 
these  cases  were  of  great  importance,  as  property  to  a 
very  large  amount  depended  on  the  decisions ;  the  ar 
guments  of  Mr.  Van  Buren  were  reported  at  length, 
and  they  may  be  regarded  as  favorable  specimens  of 
forensic  eloquence.*  He  appeared  for  the  last  time 
before  a  jury  in  the  trial  of  the  Astor  case,  and  that 
of  the  Sailors'  Snug  Harbor,  in  the  city  of  New  York, 
in  the  fall  of  1827. 

During  the  war,  the  canal  projects,  in  the  advocacy 

•  Coven's  Reports,  vol.  ii.  p.  333  ;  Wendell,  vol.  il  p.  166. 


SUPPORT  OF  THE  CANAL  PROJECT.       381 

of  which  De  Witt  Clinton  took  so  conspicuous  a  part, 
were  necessarily  laid  aside.      But  on  the  return  of 
peace,  the  subject  was  again  agitated  with  increased 
earnestness.      The  examinations  and  surveys  of  the 
commissioners    were  laid   before    the    legislature   in 
March,  1816.     On  the  21st  instant,  a  committee  of  the 
assembly  reported  in  favor  of  the  immediate  construc 
tion  of  the  Erie  and  Champlain  canals,  and  on  the  13th 
of  April,  an  act  passed  that  body  providing  for  accu 
rate  surveys  and  estimates,  and  the  commencement  of 
the  work  without  delay.     But  five  days  of  the  session 
remained  for  the  consideration  of  the  subject  in  the 
Senate.     Mr.  Van  Buren  was  a  sincere  friend  to  the 
measure,  but  nearly  all  of  his  Bucktail  or  republican 
associates,  and  most  of  the  friends  of  Rufus  King, 
being  bitterly  hostile  to  Mr.  Clinton,  were  opposed  to 
it ;  and  as  the  surveys  and  estimates  which  had  been 
made  were  loose  and  inaccurate,  and  little  to  be  relied 
on,  he  thought  if  the  matter  was  pressed  forward  pre 
maturely,  its  ultimate   success   would  be  prejudiced. 
The  bill  was  not  taken  up  in  the  Senate  till  just  before 
the  close  of  the  session,  on  the  16th  of  April;  and  for 
the  reason  above  stated,  Mr.  Van  Buren  moved  to 
strike  out  that  part  of  the  bill  authorizing  the  immedi 
ate  commencement  of  the  work.     This  motion  pre 
vailed  by  an  almost  unanimous  vote,  and  the  assembly 
concurred  in  the  amendment.     At  the  ensuing  session, 
in  the  winter  of  1817,  the  measure  was  once  more  pro 
posed,  and  on  the  1 1  th  of  April,  the  assembly  passed  a 


382  MARTIN    VAN    BUREN. 

bill  authorizing  the  immediate  commencement  of  the 
work.  The  desired  surveys  and  estimates  having  now 
been  made  and  procured,  no  reason  existed  for  further 
delay,  and  Mr.  Van  Buren  advocated  the  passage  of 
the  bill  in  the  Senate  with  great  zeal  and  with  his  usual 
ability.  His  speech  on  the  subject  is  said  to  have 
been  "a  masterly  effort;"  and  when  he  had  concluded 
it,  "  Mr.  Clinton,  who  had  been  an  attentive  listener  in 
the  Senate  chamber,  breaking  through  that  reserve 
which  political  collisions  had  created,  approached  him, 
and  expressed  his  thanks  for  his  exertions  in  the  most 
flattering  terms."  * 

Through  the  persuasions  of  Mr.  Van  Buren,  a  num 
ber  of  the  Bucktail  senators  were  induced  to  vote  for 
the  Canal  bill,  and  on  the  15th  of  April,  1817,  it  finally 
passed  the  Senate,  with  his  vote,  and,  in  no  small  de 
gree,  by  reason  of  his  influence. 

Besides  his  support  of  the  war  measures  and  the 
canal  project,  Mr.  Van  Buren  was  identified  with  other 
important  questions  considered  in  the  legislature  while 
he  was  a  member  of  the  Senate.  He  was  one  of  the 
earliest  advocates  of  a  free  system  of  banking,  and 
made  repeated  efforts  to  procure  the  repeal  of  the  re 
straining  law.  He  also  introduced  a  bill  to  abolish  im 
prisonment  for  debt,  and  urged  its  passage  for  several 
years  in  succession.  His  efforts  in  behalf  of  this  great 
reform  in  the  civil  code  of  the  state  ultimately  secured 
a  favorable  vote  in  the  Senate,  but  the  time  had  not 

*  Hosack's  Life  of  Clinton,  p.  451.— See  also  p.  105  et  seq. 


SUPPORT    OF    GOVERNOR   TOMPKINS.  283 

yet  arrived  for  such  a  work  of  justice  and  charity,  and 
the  bill  failed  in  the  assembly.  He  was  one  of  the 
most  prominent  advocates  of  the  abolition  of  slavery 
in  the  state  of  New  York,  which  Governor  Tompkins 
so  earnestly  recommended.  In  regard  to  the  Missouri 
question,  he  did  not  approve  of  the  violent  and  denun 
ciatory  course  of  many  politicians  in  the  northern 
states,  but  he  voted  for  a  resolution,  in  1820,  which 
passed  the  legislature  by  an  unanimous  vote,  instruct 
ing  the  senators  and  requesting  the  representatives  of 
the  state  in  Congress,  to  oppose  the  admission  as  a  state 
into  the  union  of  any  territory  not  comprised  within 
the  original  boundaries  of  the  United  States,  without 
making  the  prohibition  of  slavery  therein  an  indispen 
sable  condition  of  admission.  The  sentiment  embodied 
in  this  resolution  was  one  which  generally  prevailed 
among  the  citizens  of  the  state,  and  which  met  with 
his  approbation ;  but  after  the  question  had  been  settled 
by  the  compromise,  he  acquiesced  in  the  decision  of 
Congress,  and  opposed  any  further  agitation. 

In  the  debates  upon  the  disputed  accounts  of  Gover 
nor  Tompkins  he  took  an  active  part,  and  at  the  winter 
session  of  1820,  he  occupied  a  portion  of  two  days  in 
the  delivery  of  one  of  the  ablest  and  most  effective 
speeches  which  had  been  delivered  in  that  body  for 
several  years.  He  was  listened  to  with  deep  and 
marked  attention,  and  the  eloquent  terms  in  which 
he  alluded  to  the  patriotic  services  of  his  friend, 


384  MARTIN    VAN    BUREN. 

made  a  powerful  impression  upon  the  minds  of  his 
hearers. 

Mr.  Van  Buren  cheerfully  supported  Governor 
Tompkins  for  reelection  in  1816,  and  also  as  a  candi 
date  for  the  vice-presidency  in  the  same  year.  Mr. 
Hammond  does  the  former  great  injustice  in  imputing 
to  him  bad  faith  in  carrying  out  the  expressed  wishes  of 
the  republican  legislative  caucus  by  which,  in  the  month 
of  February,  1816,  Governor  Tompkins  was  put  in 
nomination  for  the  presidency.*  Mr.  Van  Buren  ap 
proved  of  this  nomination ;  but  when  he  saw  that  it 
could  not  be  carried  into  effect,  he  resisted  the  efforts 
of  Judge  Spencer,  to  prejudice  the  standing  of  Gover- 
ner  Tompkins,  by  prematurely  and  indiscreetly  urging 
his  claims.  As  between  Mr.  Crawford  and  Mr.  Mon 
roe,  he  preferred  the  former ;  but  after  the  decision  of 
the  congressional  caucus,  he  uniformly  supported  Mr. 
Monroe  as  the  regular  candidate  of  the  republican 
party.  He  had  the  right  to  differ  with  Governor 
Tompkins,  if  he  saw  fit;  and  he  would  not  have  hesi 
tated  to  exercise  it,  but  his  course  was  perfectly  satis 
factory  to  that  gentleman.  From  1812  to  the  death 
of  Governor  Tompkins,  he  was  his  intimate  and  confi 
dential  friend,  and  the  confidence  of  the  former  in  the 
sincerity  of  his  friendship  was  never  shaken. 

In  1817,  Mr.  Van  Buren  endeavored  to  prevent  the 
nomination  of  De  Witt  Clinton  as  the  successor  of 

*  Political  History,  voL  i.  p.  411  (note)— See  also  ante,  p.  197, 
et  seq. 


OPPOSITION    TO    MR.    CLINTON.  385 

Governor  Tompkins.  But  the  canal  interest  was  too 
powerful.  The  star  of  Mr.  Clinton  was  in  the 
ascendant — 

"  A  Jove  principium,  Jovis  omnia  plena." 

Mr.  Clinton  was  not  in  good  standing  in  the  republican 
party,  and  all  its  leading  members,  with  the  exception 
of  Judge  Spencer,  were  opposed  to  his  nomination. 
But  the  people  were  determined  that  he  should  be  gov 
ernor,  and  Mr.  Van  Buren  was  forced  to  submit  to  a 
decision  that  overruled  the  behests  of  party. 

When  Mr.  Clinton  was  duly  nominated,  Mr.  Van 
Buren  supported  him  as  the  republican  candidate,  but 
there  was  no  cordiality  of  feeling  between  them.  They 
viewed  each  other  as  personal  rivals ;  and  as  soon  as 
Mr.  Clinton  manifested  a  disposition  to  form  a  party 
devoted  to  him,  from  the  federalists  and  that  small  por 
tion  of  the  old  republican  party  who  faithfully  adhered 
to  his  fortunes,  Mr.  Van  Buren  felt  himself  justified, 
as  a  matter  of  self-defence,  in  making  the  effort  to  re 
organize  the  republican  party  of  New  York  by  the 
exclusion  of  the  Clintonians.  In  this  he  was  success 
ful.  He  carried  with  him  the  great  majority  of  the 
republicans  of  the  state,  and  in  1820  he  was  mainly 
instrumental  in  bringing  forward  Governor  Tompkins 
in  opposition  to  Mr.  Clinton.  He  also  supported  Colo 
nel  Young,  in  1824,  and  Judge  Rochester  in  1826,  as 
the  candidates  of  the  republican  party  opposed  to  Mr. 
Clinton. 

17 


25 


386  MARTIN    VAN    BUREN. 

Political  animosities  at  that  day  were  peculiarly 
virulent,  and  it  was  impossible  that  the  differences  be 
tween  Mr.  Clinton  and  Mr.  Van  Buren  should  not 
affect  their  private  relations.  But  while  the  former, 
especially  during  the  latter  years  of  his  life,  repeatedly 
expressed  his  confidence  in  the  personal  integrity  of 
Mr.  Van  Buren,  and  his  respect  for  his  talents,  the 
latter  never  withheld  from  his  great  rival  that  tribute  of 
praise  which  was  his  due.  When  the  sudden  death  of 
Mr.  Clinton  was  made  known  at  Washington,  a  meet 
ing  of  the  New  York  senators  and  representatives  was 
held,  at  which  Mr.  Van  Buren  offered  resolutions  of 
condolence,  prefacing  their  introduction  with  the  fol 
lowing  remarks  alike  creditable  to  his  head  and  his 
heart. 

"  Ma.  CHAIRMAN  : — We  have  met  to  pay  a  tribute  of  respect  to  the 
memory  of  our  late  Governor  and  distinguished  fellow-citizen,  De  Witt 
Clinton.  Some  of  our  brethren  have  been  so  kind  as  to  ask  me  to  pre 
pare  a  suitable  expression  of  our  feelings ;  and  I  have,  in  pursuance 
of  their  wishes,  drawn  up  what  has  occurred  to  me  as  proper  to  be 
said  on  the  occasion.  Before  I  submit  it  to  the  consideration  of  the 
meeting,  I  beg  to  be  indulged  hi  a  few  brief  remarks.  I  can  say 
notlu'ng  of  the  deceased,  that  is  not  familiar  to  you  all  To  all  he  was 
personally  known,  and  to  many  of  us  intimately  and  familiarly,  from 
our  earliest  infancy.  The  high  order  of  his  talents,  the  untiring  zeal 
and  great  success  with  which  those  talents  have,  through  a  series  of 
years,  been  devoted  to  the  prosecution  of  plans  of  great  public  utility, 
are  also  known  to  you  all,  and  by  all,  I  am  satisfied,  duly  appreciated. 
The  subject  can  derive  no  additional  interest  or  importance  from  any  eulo 
gy  of  mine.  All  other  considerations  out  of  view,  the  single  fact  that  the 
greatest  public  improvement  of  the  age  in  which  we  live,  was  com- 


REMARKS    ON    THE    DEATH    OF    CLINTON.  387 

menced  under  the  guidance  of  his  counsels,  and  splendidly  accomplished 
under  hia  immediate  auspices,  is  of  itself  sufficient  to  fill  the  ambition 
of  any  man,  and  to  give  glory  to  any  name.  But,  as  has  been  justly 
said,  his  life,  and  character,  and  conduct,  have  become  the  property  of 
the  historian ;  and  there  is  no  reason  to  doubt  that  history  -will  do  him 
justice.  The  triumph  of  his  talents  and  patriotism,  cannot  fail  to  be 
come  monuments  of  high  and  enduring  fame.  "We  cannot,  indeed,  but 
remember,  that  in  our  public  career,  collisions  of  opinion  and  action,  at 
once  extensive,  earnest,  and  enduring,  have  arisen  between  the  deceased 
and  many  of  us.  For  myself,  sir,  it  gives  me  a  deep-felt,  though  melan 
choly  satisfaction,  to  know,  and  more  so,  to  be  conscious,  that  the  de 
ceased  also  felt  and  acknowledged,  that  our  political  differences  have 
been  wholly  free  from  that  most  venomous  and  corroding  of  all  poisons 
— personal  hatred. 

"  But  in  other  respects  it  is  now  immaterial  what  was  the  character 
of  those  collisions.  They  have  been  turned  to  nothing,  and  less  than 
nothing,  by  the  event  we  deplore ;  and  I  doubt  not  that  we  will,  with 
one  voice  and  one  heart,  yield  to  his  memory  the  well-deserved  tribute 
of  our  respect  for  his  name,  and  our  warmest  gratitude  for  hia  great 
and  signal  services.  For  myself,  sir,  so  strong,  so  sincere,  and  so  en 
grossing  is  that  feeling,  that  I,  who,  whilst  living,  never — no,  never ! — 
envied  him  anything,  now  that  he  has  fallen,  am  greatly  tempted  to 
envy  him  his  grave,  with  its  honors. 

"  Of  this,  the  most  afflicting  of  all  bereavements,  that  has  fallen  on 
his  wretched  and  desponding  family,  what  shall  I  say? — Nothing. 
Their  grief  is  too  sacred  for  description ;  justice  can  alone  be  done  to 
it  by  those  deep  and  silent,  but  agonizing  feelings,  which  on  their  ac 
count  pervade  every  bosom." 

In  the  bitter  and  Heated  strife  between  the  Clintoni- 
ans  and  Bucktails  Mr.  Van  Buren  was  not  overlooked. 
When  the  former  attained  the  control  of  the  council 
of  appointment,  he  was  removed  from  the  office  of 
attorney  general,  in  July,  1819.  In  the  following  year, 


388  MARTIN    VAN    BUREN. 

the  republicans  regained  the  ascendency  in  the  legisla 
ture,  though  Mr.  Clinton  was  reflected,  and  his  party 
friends  offered  to  reinstate  him  in  the  office  from  which 
he  had  been  ejected,  but  he  declined  the  appointment. 

In  the  fall  of  1819,  just  before  the  regular  session  of 
the  legislature  in  1820,  Mr.  Van  Buren  published  an 
able  pamphlet,  entitled  "  Considerations  in  favor  of  the 
appointment  of  Rufus  King  to  the  Senate  of  the  United 
States,"  written  by  him  and  William  L.  Marcy,  subse 
quently  governor  of  the  state,  but  mainly  prepared  by 
himself.  There  were  then  three  parties  in  the  legisla 
ture, — the  federalists,  the  Clintonians,  and  the  republi 
cans, — neither  of  which  had  a  majority.  At  the  pre 
vious  session  a  similar  state  of  things  had  existed,  and 
neither  party  had  been  able  to  elect  their  candidate  for 
senator.  Mr.  King  had  previously  filled  the  office,  and 
as  he  was  not  friendly  to  Mr.  Clinton,  Mr.  Van  Buren 
advised  the  Bucktail  members  to  support  him,  in  con 
sideration  of  his  patriotic  efforts  and  services  during 
the  war  of  1812.  Mr.  King  was  reflected  by  the 
almost  unanimous  vote  of  the  legislature,  and  he  and 
his  friends  ultimately  acted  with  the  republicans  in 
opposition  to  Mr.  Clinton's  administration. 

Mr.  Van  Buren's  second  term  as  state  senator  ex 
pired  in  1820,  and  he  was  not  a  candidate  for  reelec 
tion.  He  now  devoted  his  whole  time  to  the  practice 
of  his  profession  in  the  city  of  Albany,  of  which  he 
remained  a  resident.  But  it  is  unnatural,  if  not  often 
impossible,  for  an  active  political  leader,  such  as  was 


ELECTED  TO  THE  UNITED  STATES  SENATE.    389 

Mr.  Van  Buren,  to  turn  his  back  upon  his  party.  To 
say  nothing  of  personal  ambition,  from  whose  influence 
few  are  exempt,  there  are  a  thousand  other  consider 
ations,  which,  as  it  were,  seem  to  compel  him  to  con 
tinue  in  the  career  upon  which  he  has  entered.  The 
friends  of  Mr.  Van  Buren  ardently  desired  to  secure 
his  services  to  the  state  and  nation  in  a  higher  and 
more  honorable  sphere,  and  their  wishes  were  gratified 
by  his  election  to  the  Senate  of  the  United  States  on 
the  6th  day  of  February,  1821,  as  the  successor  of 
Nathan  Sanford.  Mr.  Sanford  was  a  republican  and 
a  candidate  before  the  New  York  legislature  for  reelec 
tion,  but  the  superior  fitness  of  Mr.  Van  Buren  for  the 
station  was  acknowledged  by  all,  and  he  received  more 
than  two  thirds  of  the  votes  in  the  republican  caucus. 
In  the  legislature  the  Clintonians  and  federalists,  merely 
out  of  opposition  to  Mr.  Van  Buren,  voted  for  Mr. 
Sanford,  but  not  with  his  consent  or  approbation.  When 
the  next  vacancy  occurred,  Mr.  Sanford  was  again  re 
turned  to  the  Senate  by  his  republican  friends,  in  the 
place  of  Mr.  King. 

Mr.  Van  Buren  was  not  a  member  of  the  legislature 
when  the  law  providing  for  a  constitutional  convention 
was  passed,  and  as  he  resided  in  a  county  a  majority 
of  whose  electors  were  politically  opposed  to  him,  he 
did  not  suppose  that  he  would  be  chosen  a  delegate  to 
that  body.  He  had  ever  been  a  warm  friend  of  the 
measure,  and  on  account  of  his  active  agency  in  pro 
curing  the  passage  of  the  law,  and  his  eminent  talents, 


MARTIN    VAN    BUREN. 

he  was,  contrary  to  his  expectations,  elected  as  a  dele 
gate  from  the  strong  republican  county  of  Otsego. 

The  convention  of  1821  was  composed  of  the  ablest 
men  belonging  to  the  great  political  parties  in  New 
York.  Among  them  were  James  Kent,  Rufus  King, 
Ambrose  Spencer,  Daniel  D.  Tompkins,  Erastus  Root, 
Samuel  Young,  William  W.  Van  Ness,  Jonas  Platt, 
Stephen  Van  Rensselaer,  Abraham  Van  Vechten,  James 
Tallmadge,  Elisha  Williams,  Peter  R.  Livingston  and 
Nathan  Sanford.  Mr.  Van  Buren  was  not  the  least 
among  the  foremost.  He  took  part  in  all  the  important 
discussions,  and  his  friends  may  recur  to  his  course  in 
this  body  with  proud  satisfaction,  as  that  of  a  high- 
minded  and  independent  statesman. 

There  were  three  parties  in  the  convention :  the 
Clintonians  and  the  federalists,  who  were  opposed  to 
making  many  important  changes,  and  desired  to  retain 
most  of  the  old  governmental  machinery ;  the  radical 
republicans,  who  sought  to  overturn  the  whole  system 
of  the  state  government ;  and  the  conservative  republi 
cans,  who  were  opposed  to  hasty  legislation  and  wished 
to  preserve  what  was  good  and  valuable,  and  to  substi 
tute  for  that  which  was  bad,  wise  and  prudent  measures 
of  reform.  His  position  throughout  was  eminently 
conservative.  His  speeches,  of  which  he  delivered  a 
number,  were  very  able ;  there  was  none  of  that  ad 
caplandum  sort  of  eloquence  about  them  calculated  to 
touch  the  prejudices  or  the  passions  of  the  multitude,  but 
the  sentiments  were  high-toned,  elevated,  and  manly. 


SPEECH    ON    THE    FREEHOLD    QUALIFICATION.        391 

One  of  his  ablest  efforts  was  made  in  support  of  the 
abolition  of  the  council  of  revision,  and  the  entire 
separation  of  the  judiciary  from  the  legislative  power. 
He  opposed  the  reduction  of  the  gubernatorial  term 
from  three  years  to  one  year,  and  supported  the  propo 
sition  adopted  by  the  convention  limiting  the  term  to 
two  years.  He  also  advocated  the  amendment,  cor 
responding  to  the  similar  feature  in  the  federal  consti 
tution,  conferring  the  veto  power  upon  the  governor 
instead  of  the  council  of  revision.  He  spoke  and 
voted,  too,  in  favor  of  abolishing  the  freehold  qualifica 
tion  of  voters.  Judge  Spencer  proposed,  as  an  amend 
ment  to  the  original  report  of  the  committee  on  the 
subject  of  the  extension  of  the  right  of  suffrage  which 
gave  the  right  to  vote  to  persons  paying  taxes,  or  work 
ing  on  the  highways,  or  doing  military  duty — to  require 
as  a  qualification  to  vote  for  senators,  a  freehold  estate 
of  the  value  of  two  hundred  and  fifty  dollars,  as  in  the 
old  constitution.  One  of  Mr.  Van  Buren's  best  speeches 
was  made  in  opposition  to  the  amendment  offered  by 
Judge  Spencer,  and  the  annexed  extracts  from  it  will 
show,  both  his  general  views  upon  the  subject,  and  the 
spirit  and  temper  in  which  he  discussed  the  great  topics 
brought  before  the  convention  :— 

"lam  opposed  to  the  amendment  under  consideration,  offered  by 
the  gentleman  from  Albany  (Chief  Justice  Spencer ;)  and  I  will  beg 
the  indulgence  of  the  committee,  for  a  short  time,  while  I  shall  attempt 
to  explain  the  reasons,  which,  in  my  opinion,  require  its  rejection.  The 
extreme  importance  which  the  honorable  mover  has  attached  to  the 


392  MARTIN    VAN    BUREN. 

subject,  and  the  sombre  and  frightful  picture  which  has  been  drawn  by 
his  colleague,  (Chancellor  Kent,)  of  the  alarming  consequences  which 
will  result  from  the  adoption  of  a  course  different  from  the  one  recom 
mended,  renders  it  a  duty,  which  those  who  entertain  a  contrary 
opinion,  owe  to  themselves  and  their  constituents,  to  explain  tho  mo 
tives  which  govern  them.  If  a  stranger  had  heard  the  discussions  on 
this  subject,  and  had  been  acquainted  with  the  character  of  our  people, 
and  the  character  and  standing  of  those,  who  find  it  their  duty  to  op 
pose  this  measure,  he  might  well  have  supposed,  that  we  were  on  the 
point  of  prostrating  with  lawless  violence,  one  of  the  fairest  and  firm 
est  pillars  of  the  government,  and  of  introducing  into  the  sanctuary  of 
the  constitution,  a  mob  or  a  rabble,  violent  and  disorganizing  as  were 
the  Jacobins  of  France,  and  furious  and  visionary  as  the  radicals  of 
England  are,  by  some  gentlemen,  supposed  to  be.  The  honorable 
gentleman  from  Albany  (Chancellor  Kent,)  tells  us,  that  if  we  send  the 
constitution  to  the  people,  without  the  provision  contemplated  by  the 
proposition  now  under  consideration,  it  will  meet  with  the  scorn  of  the 
wise,  and  be  hailed  with  exultation  by  the  vicious  and  the  profligate. 
I  entertain  a  high  personal  respect  for  the  mover  of  this  amendment, 
and  also  for  hia  learned  colleague,  who  has  so  eloquently  and  patheti 
cally  described  to  us  the  many  evils  and  miseries  which  its  rejection 
will  occasion :  I  declare  my  entire  conviction  of  his  sincerity  in  what 
he  has  uttered ;  his  simplicity  of  character,  which  he  has  himself  eo 
feelingly  described,  his  known  candor  and  purity  of  character,  would 
forbid  any  one  to  doubt,  that  he  spoke  the  sentiments  of  his  heart 
But  believing  as  I  do,  that  those  fears  and  apprehensions  are  wholly 
without  foundation,  it  cannot  be  expected,  that  I  will  suffer  them  to 
govern  my  conduct.  *  *  *  * 

"  There  are  two  words  which  came  into  common  use  with  our  revo 
lutionary  struggle ;  words  which  contain  an  abridgment  of  our  political 
rights;  words  which,  at  that  day,  had  a  talismanic  effect— which  led 
our  fathers  from  the  bosoms  of  their  families  to  the  tented  field— which 
for  several  long  years  of  toil  and  suffering  kept  them  to  their  arms— 
and  which  finally  conducted  them  to  a  glorious  triumph.  They  are 
*  TAXATION1  and  '  REPRESENTATION,'— oor  did  they  lose  their  influence 


SPEECH    ON    THE    FREEHOLD    QUALIFICATION.        393 

with  the  close  of  that  struggle.  They  are  never  heard  in  our  halls  of 
legislation,  without  bringing  to  our  recollections  the  consecrated  feelings 
of  those  who  won  our  liberties,  or  without  reminding  us  of  everything 
that  is  sacred  in  principle.  *  *  *  * 

"  Apply  for  a  moment  the  principles  they  inculcate  to  the  question 
under  consideration,  and  let  its  merits  be  thereby  tested.  Are  those  of 
your  citizens  represented,  whose  voices  are  never  heard  in  y6ur  Sen 
ate  ?  Are  these  citizens  in  any  degree  represented  or  heard,  in  the 
formation  of  your  courts  of  justice,  from  the  highest  to  the  lowest  ? 
Is,  then,  representation  in  one  branch  of  the  legislature,  which  by  itself 
can  do  nothing — which  instead  of  securing  to  them  the  blessings  of 
legislation,  only  enables  them  to  prevent  it  as  an  evil — anything  more 
than  a  shadow  ?  Is  it  not  emphatically  '  keeping  the  word  of  promise 
to  the  ear,  and  breaking  it  to  the  hope  ?'  Is  it  not  even  less  than  the 
virtual  representation,  with  which  our  fathers  were  attempted  to  be  ap 
peased  by  their  oppressors  ?  It  is  even  so ;  and  if  so,  can  we,  as  long 
as  this  distinction  is  retained,  hold  up  our  heads,  and,  without  blush 
ing,  pretend  to  be  the  advocates  for  that  special  canon  of  political 
rights,  that  taxation  and  representation  are,  and  ever  should  be,  indis- 
eoluble  ?  I  think  not 

"  In  whose  name,  and  for  whose  benefit,  I  inquire,  are  we  called  upon 
to  disappoint  the  just  expectations  of  our  constituents,  and  to  persevere 
in  what  I  cannot  but  regard  as  a  violation  of  principle  ?  It  is  in  the 
name,  and  for  the  security  of  'farmers,'  that  we  are  called  upon  to 
adopt  this  measure.  This  is,  indeed,  acting  in  an  imposing  name ;  and 
they  who  use  it  know  full  well  that  it  is  so.  It  is  the  boast,  the  pride, 
and  the  security  of  this  nation,  that  she  has  in  her  bosom  a  body  of 
men  who,  for  sobriety,  integrity,  industry  and  patriotism,  are  unequalled 
by  the  cultivators  of  the  earth  in  any  part  of  the  known  world, — 
nay  more,  to  compare  them  with  the  men  of  similar  pursuits  in  other 
countries,  is  to  degrade  them.  And  woful  must  be  our  degeneracy, 
before  anything  which  might  be  supposed  to  affect  the  interests  of  the 
farmers  of  this  country,  can  be  listened  to  with  indifference  by  those 
who  govern  us. 

"  I  cannot  yield  to  any  man  in  respect  for  this  invaluable  class  of 
17* 


394  MARTIN    VAN    BUREN. 

our  citizens,  nor  in  zeal  for  their  support ;  but  how  does  this  matter 
etand  ?  Is  the  allegation  that  we  are  violating  the  wishes,  and  tamper 
ing  with  the  security  of  the  farmers,  foundt d  in  fact,  or  is  it  merely 
colorable  ?  Who,  I  ask,  have  hitherto  constituted  a  majority  of  the 
voters  of  the  state  ?  The  farmers  I  "Who  called  for,  and  insisted  upon 
the  convention  ?  Farmers  and  freeholders  1  Who  passed  the  law  ad 
mitting  those  who  were  not  electors,  to  a  free  participation  in  the  de 
cision  of  the  question  of  Convention  or  No  Convention,  and  also  in  the 
choice  of  delegates  to  that  body  ?  A  Legislature,  a  majority  of  whom 
were  farmers,  and  probably  every  one  of  them  freeholders,  of  the  value 
of  two  hundred  and  fifty  dollars  and  upwards !  The  farmers  of  this 
state  have,  by  an  overwhelming  majority,  admitted  those  who  were  not 
freeholders,  to  a  full  participation  with  themselves  in  every  stage  of 
this  great  effort  to  amend  our  constitution,  and  to  ameliorate  the  con 
dition  of  the  people : — Can  I  then,  ought  I,  to  be  told,  that  they  will 
be  disappointed  in  their  expectations,  when  they  find  that  by  the  pro 
visions  of  the  constitution  as  amended,  a  great  portion  of  their  fellow- 
citizens  are  enfranchised,  and  released  from  fetters  which  they  them 
selves  had  done  all  in  their  power  to  loosen  ?  I  do  not  believe  it 

"  Again,  I  inquire,  who  are  we,  that  have  been  chosen  to  perform 
this  great,  and  I  cannot  but  think,  good  work  ?  A  great  majority  of  us 
are  practical  farmers— all  freeholders,  and  of  no  small  amounts.  Are 
we  our  own  worst  enemies  ?  Can  we  be  suspected  of  a  want  of  fidelity 
to  the  freehold  interest  ?  No  1  The  farmers  have  looked  for  such  an 
event;  they  earnestly  desire  it  Whatever  ravages  the  possession  of 
power  may  have  made  in  the  breasts  of  others,  they,  at  least,  have 
shown  that  they  can  '  feel  power  without  forgetting  right.'  If  anything 
could  render  this  invaluable  class  of  men  dearer  and  more  estimable 
than  they  are,  it  is  this  magnanimous  sacrifice  which  they  have  made 
on  the  altar  of  principle,  by  consenting  to  admit  those  of  their  fellow- 
citiaens,  who,  though  not  so  highly  favored  as  themselves  by  fortune, 
have  still  enough  to  bind  them  to  their  country,  to  an  equal  participa 
tion  in  the  blessings  of  a  free  government  Thus  I  understand  their 
wishes,  and  I  will  govern  myself  accordingly, — having  the  consolation 
to  know,  that  if  I  shall  have  misunderstood  them,  they  will  have  the 


SPEECH    ON    THE    FREEHOLD    QUALIFICATION.       395 

power  of  rescuing  themselves  from  the  effects  of  such  misapprehension, 
by  rejecting  the  amendments  which  shall  be  proposed  for  their  adop 
tion. 

"  But  let  us  consider  this  subject  in  another  and  different  point  of 
view.  It  is  our  duty,  and  I  have  no  doubt  it  is  our  wish,  to  satisfy  all, 
so  that  our  proceedings  may  meet  with  the  approbation  of  the  whole 
community  ;  it  is  my  desire  to  respect  the  wishes  and  consult  the  inter 
ests  of  all ;  I  would  not  hamper  the  rich  nor  tread  upon  the  poor,  but 
would  respect  each  alike.  I  will  submit  a  few  considerations  to  the 
men  of  property,  who  think  this  provision  necessary  for  its  security, 
and  in  doing  so,  I  will  speak  of  property  hi  general,  dropping  the  im 
portant  distinction,  made  by  the  amendment  offered,  between  real  and 
personal  estate.  Admitting  for  the  sake  of  argument,  that  the  distinc 
tion  is  just,  and  wise,  and  necessary,  for  the  security  of  property — is  the 
object  effected  by  the  present  regulation  ?  I  think  not ;  property  is  not 
now  represented  in  the  Senate  to  the  extent  it  is  erroneously  supposed 
to  be.  To  represent  individual  property,  it  will  be  necessary  that 
each  individual  should  have  a  number  of  votes  in  some  degree  at  least, 
in  proportion  to  the  amount  of  his  property ;  this  is  the  manner  in  which 
property  is  represented,  in  various  corporations  and  in  moneyed  insti 
tutions.  Suppose  in  any  such  Institution  one  man  had  one  hundred 
shares,  and  another  one  share, — could  you  gravely  tell  the  man  who 
held  one  hundred  shares,  that  his  property  was  represented  in  the  di 
rection,  if  their  votes  were  equal  ?  To  say  that  because  a  man  worth 
millions,  as  is  the  case  of  one  in  tlu's  committee,  has  one  vote,  and 
another  citizen  worth  only  two  hundred  and  fifty  dollars  in  real  estate, 
has  one  vote  for  senators,  that  therefore  their  property  is  equally  repre 
sented  in  the  Senate,  is,  to  say  the  least,  speaking  very  incorrectly ;  it 
is  literally  substituting  a  shadow  for  a  reality ;  and  though  the  case  I 
have  stated  by  way  of  illustration,  would  not  be  a  common  one,  still, 
the  disparity  which  pervades  the  whole  community  is  sufficiently  great 
to  render  my  argument  correct.  *  *  *  * 

"The  representation,  then,  of  property  in  the  Senate,  under  the 
existing  constitution,  is,  as  it  respects  individual  estates,  wholly  delu 
sive,  and  as  it  respects  the  interest  of  property  in  the  different  sections 
of  the  state,  so  flagrantly  unequal  as  to  destroy  practical  advantage  to 


MARTIN    VAN    BUREN. 

property  from  a  representation  of  it,  and  not  only  so,  but  to  make  it 
infinitely  worse  than  if  property  was  not  professed  to  be  represented 
at  all  *  *  *  * 

"  And  what,  I  inquire,  have  been  its  practical  effects  ?  have  they  been 
such  as  to  afford  any  additional  security  to  property  ?  have  the  mem 
bers  of  the  Senate,  for  years  past,  been  more  respectable  for  talents  or 
integrity  ?  have  they  shown  a  greater  regard  for  property  ?  have 
they  been  more  vigilant  in  guarding  the  public  treasury  than  the 
Assembly  ? 

"The  Senate  is  the  only  legislative  body  in  which  I  have  ever  had 
the  honor  of  a  seat ;  and  I  have  been  there  from  a  very  early  age — 
almost  all  my  political  connections  have  been  with  that  body— my  earli 
est  political  recollections  are  associated  with  its  proceedings ;  and  I 
have  had,  in  some  of  its  proceedings,  as  much  cause  for  individual 
gratification  as  could  well,  under  the  same  circumstances,  fall  to  the  lot 
of  any  man ;  notwithstanding  which,  and  also  the  strong  partiality  I 
have  always  felt  for  that  body,  I  cannot  say,  that  in  the  many  years 
I  was  there,  the  sentiment  never  occurred  to  me  that  such  was  the  case. 
On  the  contrary,  a  regard  to  truth  constrains  me  to  say,  that  everything 
which  regarded  the  imposition  of  public  burdens,  and  the  disposition 
of  public  property,  was  more  closely  looked  into,  and  more  severely 
scrutinized,  by  the  Assembly  than  the  Senate.  The  sense  of  immedi 
ate  responsibility  to  the  people,  produced  more  effect  on  the  Assembly, 
than  the  consideration  that  they  represented  those  who  were  supposed 
principally  to  bear  the  burdens,  did  in  the  Senate ;  and  such,  I  con 
scientiously  believe,  will  always  be  the  case.  I  ask  the  members  of 
the  committee,  whether  they  believe  that  there  has  been  a  moment  for 
the  last  forty  years,  when  a  proposition  in  the  Assembly  to  make  an 
unjust  distinction  between  real  and  personal  property,  in  the  imposition 
of  public  burdens,  would  not  have  been  hooted  out  of  that  body,  if 
any  one  had  been  found  mad  enough  to  have  dared  its  introduction  ? 
Why,  then,  I  ask,  alarm  ourselves  by  fear  for  the  future,  which  the 
experience  of  the  past  has  demonstrated  to  be  erroneous  f  Why  dis 
regard  the  admonitions  of  experience,  to  pursue  the  dubious  path  of 
speculation  and  theory  ? 


SPEECH    ON    THE    FREEHOLD    QUALIFICATION.        397 

"  I  have  no  doubt  but  the  honorable  gentlemen  who  have  spoken  in 
favor  of  the  amendment,  have  suffered  from  the  fearful  forebodings 
which  they  have  expressed.  That  ever  to  be  revered  band  of  patriots 
who  made  our  constitution,  entertained  them  also,  and  therefore  they 
engrafted  in  it  the  clause  which  is  now  contended  for.  But  a  full  and 
perfect  experience  has  proved  the  fallacy  of  their  speculation ;  and  we 
are  now  called  upon  again  to  adopt  the  exploded  notion,  and  on  that 
ground,  to  disfranchise,  if  not  a  majority,  nearly  a  moiety  of  our  citi 
zens.  I  am  an  unbeliever  in  the  speculations  and  mere  theories  on  the 
subject  of  government,  of  the  best  and  the  wisest  men,  when  unsup 
ported  by,  and  especially  when  opposed  to,  experience.  I  believe  with 
a  sensible,  and  elegant  modern  writer, '  that  constitutions  are  the  work 
of  time,  not  the  invention  of  ingenuity ;  and  that  to  frame  a  complete 
system  of  government,  depending  on  habits  of  reverence  and  experi 
ence,  is  an  attempt  as  absurd  as  to  build  a  tree,  or  manufacture  an 
opinion.'  *  *  * 

"If,  then,  it  is  true  that  the -present  representation  of  property  in 
the  Senate  is  ideal,  and  purely  ideal,  does  not  sound  policy  dictate  an 
abandonment  of  it,  by  the  possessors  of  property  ?  I  think  it  does ;  I 
think  so  because  I  hold  it  to  be  at  all  times,  and  under  all  circumstan 
ces,  and  for  all  interests,  unwise  to  struggle  against  the  wishes  of  any 
portion  of  the  people — to  subject  yourselves  to  a  wanton  exposure  to 
public  prejudice,  to  struggle  for  an  object,  which,  if  attained,  is  of  no 
avail  I  think  so,  because  the  retaining  of  this  qualification  in  the 
present  state  of  public  opinion,  will  have  a  tendency  to  excite  jealousy 
in  the  minds  of  those  who  have  no  freehold  property,  and  because 
more  mischief  is  to  be  apprehended  from  that  source  than  any  other. 
It  is  calculated  to  excite  that  prejudice  because,  not  requiring  sufficient 
to  effect  the  object  in  view,  it,  in  the  language  of  Dr.  Franklin, '  exhibits 
liberty  in  disgrace,  by  bringing  it  in  competition  with  accident  and  in 
significance.'  *  *  * 

"  If  I  could  possibly  believe,  that  any  portion  of  the  calamitous  con 
sequences  could  result  from  the  rejection  of  the  amendment,  which 
have  been  so  feelingly  portrayed  by  the  honorable  gentlemen  from 
Albany,  and  for  whom  I  will  repeat  the  acknowledgment  of  my  respect 


398  MARTIN    VAN    BUREN. 

and  regard,  I  would  be  the  last  man  in  society  who  would  vote  for  it 
But,  believing,  as  I  conscientiously  do,  that  those  fears  are  altogether 
unfounded, — hoping  and  expecting  that  the  happiest  results  will  follow 
from  the  abolition  of  the  freehold  qualification,  and  hoping  too,  that 
caution  and  circumspection  will  preside  over  the  settlement  of  the 
general  right  of  suffrage,  which  is  hereafter  to  be  made, — and  knowing 
besides,  that  this  state,  in  abolishing  the  freehold  qualifications,  will  be 
but  uniting  herself  in  the  march  of  principle,  which  has  already  pre 
vailed  in  every  state  of  the  union,  except  two  or  three,  including  the 
royal  charter  of  Rhode  Island, — I  will  cheerfully  record  my  vote  against 
the  amendment." 

The  amendment  proposed  by  Judge  Spencer  was  re 
jected,  and  the  original  proposition  of  the  committee 
was  adopted.  Previous  to  this,  however,  Mr.  Van 
Buren  made  an  attempt  to  add  to  the  highway  qualifi 
cation  that  of  being  a  householder.  Not  succeeding 
in  this — the  only  point  in  regard  to  which  he  dissented 
from  the  report  of  the  committee — he  gave  his  vote  in 
favor  of  sustaining  the  report. 

Over-zealous  friends  have  sometimes  claimed  for  him 
the  credit  of  being  among  the  foremost  in  advocating 
the  doctrine  of  universal  suffrage,  in  the  convention  of 
1821 ;  while,  on  the  other  hand,  his  opponents  have 
ungenerously  misrepresented  the  course  which  he  pur 
sued  upon  this  and  other  questions.  It  was  not  his 
wish  to  do  anything  hastily.  He  desired  carefully  to 
examine  the  ground  before  taking  a  single  step  in  ad 
vance  ;  and  not  to  overthrow  the  old  constitution  in  an 
instant,  and  erect  another  on  its  ruins,  based  entirely 
upon  abstract  theories,  and  without  the  light  of  experi- 


VIEWS    IN    REGARD    TO    UNIVERSAL    SUFFRAGE.       399 

ence  to  guide  and  direct  in  its  construction.  In  another 
speech  on  the  property  qualification,  Mr.  Van  Buren 
said  that  there  were  probably  not  twenty  members  of 
the  committee  of  the  whole  who  were  in  favor  of  uni 
versal  suffrage.  "  We  had  already  reached,"  he  said, 
"  the  verge  of  universal  suffrage.  There  was  but  one 
step  beyond.  And  are  gentlemen  prepared  to  take 
that  step  ?  We  were  cheapening  this  invaluable  right. 
He  was  disposed  to  go  as  far  as  any  man,  in  the  exten 
sion  of  rational  liberty ;  but  he  could  not  consent  to 
undervalue  this  precious  privilege  so  far  as  to  confer 
it,  with  an  indiscriminating  hand,  upon  every  one, 
black  or  white,  who  would  be  kind  enough  to  conde 
scend  to  accept  it."  * 

Mr.  Van  Buren  was  particularly  opposed  to  the 
further  extension  of  the  right  of  suffrage,  because  it 
would  give  the  lowest  classes  of  the  population  in  the 
cities  an  undue  influence  in  proportion  to  that  of  the 
agricultural  districts  in  the  interior.  Subsequently,  his 
views  on  this  question  were  modified ;  and  when  he 
saw  how  well  the  change  made  by  the  convention  of 
1821  operated,  he  approved  of  the  amendment  extend 
ing  the  right  of  suffrage  still  further,  and  hailed  it  as 
another  auspicious  onward  movement  in  that  moderate 
and  judicious  reform  which  he  had  advocated. 

In  regard  to  the  appointing  power,  as  the  chairman 
of  the  committee  on  the  subject,  he  reported  a  plan, 
giving  to  the  people  the  right  of  choosing  more  than 
*  Debates  in  the  N.  Y.  Convention  of  1821,  p.  277. 


400  MARTIN    VAN    BUREN. 

eight  thousand  of  the  militia  officers  previously  ap 
pointed  by  the  governor  and  council,  and  conferring 
upon  the  legislature  the  power  to  designate  in  what 
manner  a  majority  of  the  civil  officers  should  be  ap 
pointed  or  chosen.  During  the  war  of  1812,  he  had 
seen  the  evils  resulting  from  disagreements  between 
the  executive  and  the  civil  officers,  and  he  desired  that 
the  former  should  possess  a  large  share  of  the  appoint 
ing  power.  He  thought  that  justices  of  the  peace 
ought  not  to  be  elected  by  the  people,  unless  it  was  de 
cided  to  confer  the  same  power  in  the  case  of  all  the 
higher  judicial  officers  of  the  state ;  and  this  no  one 
deemed  advisable.  He  proposed,  therefore,  that  the 
supervisors,  and  the  judges  of  the  court  of  common 
pleas  of  a  county,  should  each  nominate  candidates  for 
justices  of  the  peace,  and  if  they  agreed,  the  individu 
als  nominated  were  to  be  appointed ;  but  if  not,  that 
then  the  governor  should  select  the  justices  from  the 
two  lists.  This  plan  was  rejected  by  the  convention 
by  two  majority,  and  the  appointment  of  justices  was 
given  to  the  boards  of  supervisors  and  judges  exclu 
sively.  The  constitution  was  shortly  after  amended, 
so  as  to  give  the  power  of  choosing  these  officers  to 
the  people,  no  one  concurring  more  heartily  in  the 
amendment  than  Mr.  Van  Buren. 

For  similar  reasons,  he  opposed  the  election  of 
sheriffs  and  county  clerks  by  the  people,  but  the  con 
vention  decided  against  him.  As  to  the  right  of  the 
people  in  the  abstract  to  choose  their  own  officers  as 


COURSE    UPON    THE    JUDICIARY    QUESTION.  401 

far  as  they  could  do  so,  he  never  doubted  or  denied  it ; 
but  his  course  in  the  convention  was  influenced  by  this 
consideration — he  thought  it  unadvisable,  when  they 
had  hitherto  enjoyed  this  right  to  a  very  limited  extent, 
to  destroy  the  old  system  at  a  single  blow,  but  preferred 
that  the  right  should  be  surrendered  to  them  by  de 
grees,  as  fast  as  they  proved  themselves  capable  of  ex- 
ercising  it  properly.  He  had  an  abiding  faith  in  the 
capacity  of  man  for  self-government,  but  he  was  op 
posed  to  hasty  and  inconsiderate  reforms.  To  divest 
the  slave  of  his  manacles,  and  at  the  same  moment 
place  the  sceptre  in  his  hands,  no  one  would  esteem 
wise  or  prudent ;  and  the  same  principle,  in  the  opinion 
of  Mr.  Van  Buren,  should  govern  in  remodelling  laws 
and  amending  constitutions. 

All  the  younger  republicans  in  the  convention  were 
exceedingly  anxious  to  alter  the  judiciary  system  of 
the  state,  in  order  to  get  rid  of  the  old  judges.  Rigid 
party  man  as  was  Mr.  Van  Buren,  he  opposed  this 
movement,  almost  alone  of  his  political  friends,  but 
without  success.  Nearly  all  the  judges  had  long  been 
among  the  most  determined  of  his  opponents,  and  one 
of  them  (Judge  Van  Ness)  who  was  most  deeply  in 
terested  in  this  matter,  as  his  main  dependence  was 
upon  the  emoluments  of  his  office,  had  been  peculiarly 
bitter  in  his  opposition.  Much  to  his  credit,  Mr.  Van 
Buren  disdained  to  be  influenced  by  such  considera 
tions.  "  If  personal  feelings,"  said  he,  "  could  or  ought 
to  influence  us  against  the  individual  who  would  prob- 


402  MARTIN    VAN    BUREN. 

ably  be  most  affected  by  the  adoption  of  this  amend 
ment,  I  suppose  that  I,  above  all  others,  would  be 
excused  for  indulging  them.  I  can  with  truth  say,  that 
I  have  through  my  whole  life  been  assailed  from  that 
quarter,  with  hostility,  political,  professional,  and  per 
sonal — hostility  which  has  been  the  most  active,  keen, 
and  unyielding.  But,  sir,  am  I,  on  that  account,  to 
avail  myself  of  my  situation  as  a  representative  of  the 
people,  sent  here  to  make  a  constitution  for  them  and 
their  posterity,  and  to  indulge  my  individual  resent 
ments  in  the  prostration  of  my  private  and  political 
adversary  ?  I  hope  it  is  unnecessary  for  me  to  say,  that 
I  should  forever  despise  myself  if  I  could  be  capable 
of  such  conduct.  I  also  hope  that  that  sentiment  is 
not  confined  to  myself  alone,  and  that  the  convention 
will  not  ruin  its  character  and  credit  by  proceeding  to 
such  extremities."  * 

The  convention  terminated  its  labors  on  the  10th 
day  of  November,  1817,  and  Mr.  Van  Buren  soon 
after  repaired  to  Washington,  to  take  his  seat  in  the 
Senate,  for  the  first  time,  in  the  month  of  December 
following.  Transferred  to  this  new  sphere,  his  talents 
were  not  long  in  securing  for  their  possessor  an  honor 
able  place  among  his  compeers.  Able  and  distinguished 
as  they  were,  they  willingly  recognized  him  as  an 
equal.  On  the  17th  of  December  lie  was  elected  a 
member  of  the  committee  on  finance,  and  also  of  the 
committee  on  the  judiciary.  Of  the  latter  committee 

*  Debates  in  the  Convention,  p.  525. 


SUPPORT    OF    MR.    CRAWFORD.  403 

he  afterward  became  chairman,  and  was  continued  as 
such  while  he  remained  in  the  Senate.  His  first  speech 
was  made  on  the  land  claim  of  the  Marquis  de  Maison 
Rogue.  The  question  was  not  one  that  afforded  an 
opportunity  for  oratorical  display,  but  the  remarks  of 
Mr.  Van  Buren  were  said  by  the  National  Intelligencer 
to  evince  "  much  talent,"  and  to  have  produced  "  con 
siderable  effect."  During  the  same  session,  he  spoke 
with  his  accustomed  ability  on  the  apportionment  bill ; 
on  the  French  land  claims  in  Louisiana;  the  settle 
ment  of  difficulties  between  the  states ;  and  the  pay 
ment  of  salaries  to  public  officers  indebted  to  the 
government,  the  last  question  having  reference  to  the 
case  of  John  Quincy  Adams,  then  secretary  of  state. 

It  would  be  impossible,  however,  in  a  mere  biographi 
cal  sketch  like  the  present,  to  do  justice  to  Mr.  Van 
Buren's  services  in  the  Senate  of  the  United  States, 
and  at  the  same  time  to  preserve  strict  chronological 
order.  For  this  reason  it  may  be  proper  to  consider 
separately  the  more  important  questions  with  which  he 
was  connected,  or  in  which  he  was  in  any  wise  con 
cerned. 

With  respect  to  his  political  course,  as  it  related  to 
individuals  and  parties,  it  may  be  said,  that  he  supported 
the  administration  of  Mr.  Monroe  to  its  close,  but  was 
one  of  the  most  active  friends  of  Mr.  Crawford,  in  the 
contest  for  the  succession.  He  was  present  at  the 
congressional  caucus  by  which  that  gentleman  was 
nominated,  and  did  everything  in  his  power  to  secure 


404  MARTIN    TAN    BUREN. 

his  election.  Failing  in  this,  he  was  at  first  disposed 
to  acquiesce  in  the  decision  of  the  people,  and  to  give 
his  support  to  the  administration  of  Mr.  Adams.  But 
when  the  policy;  of  the  latter  began  to  be  developed,  he 
became  alarmed.  He  opposed  the  American  System 
in  all  its  features.  His  first  decided  stand  against  the 
administration  was  taken  on  the  Panama  Mission.  His 
principal  speech  on  this  question,  delivered  in  March, 
1826,  was  one  of  the  happiest  efforts  ever  made  by  him 
before  a  legislative  body,  as  the  following  extracts  will 
show : — 

"I  will  now,  Mr.  President,  call  the  attention  of  the  Senate  to 
another  view  of  this  subject,  to  a  question  of  the  gravest  character,  and 
most  deeply  affecting  the  dearest  interests  of  the  country — a  question 
growing  out  of  considerations  which  have  heretofore  occupied  the  best 
minds,  and  interested  the  purest  hearts  our  country  has  produced : — 
Would  it  be  wise  in  its  to  change  our  established  policy  upon  the  subject 
of  political  connections  with  foreign  states  ?  The  President  has  said 
that '  to  form  alliances'  is  not  among  the  motives  of  our  attendance  at 
the  Congress.  But  what  description  of  alliance  does  he  mean  ?  They 
are  of  various  kinds,  and  of  different  extent.  We  are,  at  that  Con 
gress,  to  stipulate  in  some  form,  (and  I  care  not  in  what,)  that  we  will 
resist  any  attempt  at  colonization,  by  the  Powers  of  Europe,  in  this 
hemisphere,  (or  within  our  own  borders  if  you  please ;)  and  that,  in  the 
event  of  any  interference  on  their  part,  in  the  struggle  between  Spain 
and  the  Spanish  American  states,  we  will  make  common  cause  with 
the  latter  in  resisting  it  To  this  end  we  have  been  invited,  and  upon 
these  points  we  have  promised  that  our  ministers  shall  have  full  powers. 
We  must  do  this,  or  the  whole  affair  becomes  empty  pageantry ;  which, 
though  it  may  be  the  offspring  of  personal  ambition,  will  assuredly 
terminate  in  national  disgrace.  Call  it  an  '  alliance,'  or  whatever  name 
you  please,  it  is  a  political  connection,  at  war  with  the  established 


SPEECH    ON    THE    PANAMA    MISSION.  405 

policy  of  our  government  And  is  this  a  light  matter  ?  Sir,  when  it 
is  proposed  to  subvert  a  fundamental  principle  in  our  foreign  policy,  in 
the  support  of  which  we  stand  alone  among  all  the  nations  of  the 
earth — which,  commencing  with  our  government,  is  endeared  to  the 
people,  and  upon  whose  deep  foundations  has  been  erected  the  mag 
nificent  superstructure  of  unequalled  national  prosperity — it  surely 
becomes  those  entrusted  with  the  management  of  affairs,  to  pause,  and 
weigh  with  scrupulous  exactness,  the  importance  of  the  step. 

"  In  the  discussion  of  this  subject,  I  shall  first  consider  the  general 
principle :  then  the  grounds  of  the  distinction  attempted  to  be  made 
between  its  application  to  the  Spanish  American  states,  and  to  those  of 
Europe.  At  this  moment  the  United  States,  (thanks  to  the  wisdom  of 
their  early  councils !)  are  unfettered.  No  government  has  a  right  to 
demand  our  aid  or  interference  in  any  of  the  changes  in  the  condition 
of  the  world — come  what  may,  we  are  now  unembarrassed  in  our 
choice.  Until  lately,  I  had  flattered  myself  that  the  acknowledged  ob 
ligation  on  the  part  of  our  government  to  maintain  that  condition,  was 
as  firmly  fixed  as  its  republican  character.  I  had  the  best  reason  to 
think  so,  because  I  knew  it  to  be  a  principle  in  our  political  policy, 
which  had  for  its  support  all  that  is  instructive  in  experience,  all  that 
is  venerable  in  authority.  That  authority  is  no  less  than  the  parting 
admonitions  of  the  Father  of  his  country.  The  earnest,  eloquent,  and 
impressive  appeals  upon  this  subject,  contained  in  his  Farewell  Ad 
dress,  are  yet,  and  will,  I  trust,  long  remain,  fresh  in  our  recollections; 
nor  were  the  sentiments  he  thus  avowed  mere  speculative  opinions, 
founded  upon  an  abstract  consideration  of  the  subject  No !  they  were 
sentiments  matured  by  reflection,  and  confirmed  by  actual  experience, 
of  the  practical  results  which  had  arisen  from  a  connection  of  the 
character  he  so  ardently  and  so  justly  deprecated.  A  reference  to  the 
history  of  that  period  will  illustrate  the  fact,  and  is  replete  with  in 
struction.  During  the  War  of  our  Revolution,  we  entered  into  an  alli 
ance  with  France, '  the  essential  and  direct  end  of  which  was,  to  main 
tain  effectually  the  liberty,  sovereignty,  and  independence,  of  the 
United  States,  absolute  and  unlimited,  as  well  in  matters  of  govern 
ment  as  of  commerce.'  By  the  treaty  of  alliance,  we,  in  consideration 


406  MARTIN    VAN    BUREN. 

of  the  guarantee  by  France  of  the  freedom  and  independence  of  the 
United  States,  undertook,  on  our  part,  to  guarantee  to  France  the  pos 
sessions  she  then  had  in  America.  The  revolution  in  France  involved 
that  country  in  war  with  the  principal  powers  of  Europe.  Her  Ameri 
can  possessions  were  brought  in  danger ;  and,  among  other  things 
claimed  under  the  treaty  of  alliance,  she  called  upon  us  for  the  fulfil 
ment  of  our  guarantee.  At  no  period  of  our  history  has  our  govern 
ment  been  placed  in  a  more  humiliating  and  embarrassing  situation. 
The  signal  benefits  we  had  received  from  France  were  known  to  the 
'world,  and  fully  appreciated  by  our  citizens.  Upon  the  terms  of  the 
compact  there  could  be  no  dispute.  The  consideration  upon  which  we 
had  entered  into  it,  was  of  the  most  sacred  character.  But  the  danger 
of  compliance  was  imminent,  and  prevailed  over  every  other  consider 
ation.  Reposing  itself  upon  the  great  principle  of  self-preservation — a 
principle  extending  itself  as  well  to  nations  as  to  individuals — our 
government  refused  to  comply  with  its  engagement ;  and  General 
"Washington  issued  his  celebrated  proclamation  of  neutrality.  The 
grounds  relied  upon  to  justify  the  step  were,  that  our  alliance  was  a 
definitive  one  only ;  that  the  war,  on  the  part  of  France,  was  an  offen 
sive  war,  in  which  we  were  not  obliged,  by  the  law  of  nations,  to  take 
part ;  that  the  contest  was,  moreover,  so  unequal,  and  our  means  so  in 
adequate,  that,  upon  the  principle  of  self-preservation,  we  were  justi 
fied  in  refusing  to  take  part  with  our  ally.  It  was  not  expected  that 
France  would  acquiesce  in  the  validity  of  the  grounds  thus  taken.  She 
did  not.  The  loud,  solemn  protests  of  her  ministers,  are  remembered ; 
as  also,  the  measures  resorted  to  for  the  purpose  of  obtaining,  indi 
rectly,  some  of  the  advantages  claimed  from  the  alliance— such  as  fitting 
out  vessels  of  war  in  our  ports,  and  enlisting  our  citizens  in  her  service. 
England  remonstrated,  made  strong  imputations  of  partiality  against 
our  government — imputations  founded  on  suspicions  growing  out  of 
the  known  connection  between  us  and  France— and  resorted  to  similar 
means  to  annoy  her  enemies  and  commit  our  neutrality.  General 
Washington  found  it  impossible  to  satisfy  either  party  of  the  strict  im 
partiality  that  governed  our  conduct.  The  result  was  war,  in  fact, 
France,  and  many  of  the  evils  of  war  with  England.  She  en- 


SPEECH    ON    THE    PANAMA    MISSION.  407 

forced  against  our  commerce  new  and  unjustifiable  principles  of  public 
law  on  the  subject  of  blockades  and  articles  contraband  of  war.  The 
sagacious  mind  of  Washington,  and  the  great  men  who  enjoyed  hia 
confidence,  traced  the  multiplied  embarrassments  of  the  country  at  that 
trying  period,  to  t/ie  treaty  of  alliance  with  France" 

Mr.  Van  Buren  then  referred  to  the  departure  of  the 
elder  Adams  from  the  Washington  policy,  in  proposing 
the  Berlin  mission,  the  object  of  which  was  to  form 
alliances  with  neutral  nations  for  the  protection  and 
security  of  neutral  rights.  This  question,  with  others, 
was  distinctly  put  in  issue  at  the  presidential  election 
in  1800,  and  the  people  decided  adversely  to  the  federal 
doctrine.  Mr.  Jefferson  now  came  into  power,  and 
was  pledged  against  ail  "entangling  alliances"  with 
foreign  nations.  To  this  pledge  he  faithfully  adhered 
except  in  a  single  instance,  in  1803;  when,  for  the  pur^ 
pose  of  securing  the  navigation  of  the  Mississippi — a 
matter  of  paramount  importance  to  the  western  part 
of  the  Union — he  proposed  to  guaranty  to  the  king  of 
Spain,  and  his  successors,  his  dominions  west  of  that 
river,  provided  he  would  sell  to  the  United  States  all 
his  possessions  between  the  Mobile  and  the  Mississippi. 
Fortunately,  Spain  did  not  accept  the  guaranty — fortu 
nately,  because  when  she  demanded  a  fulfilment  of  the 
treaty  in  1818,  the  United  States  could  only  have  com- 
plied  by  making  war  against  the  friends  of  freedom  in 
the  Mexican  states,  and  the  non-acceptance  of  the 
guaranty  when  first  proposed  left  them  at  liberty  to 
decline  a  compliance  with  the  demand.  Mr.  Madison 


408  MARTIN    VAN    BUREN. 

kept  entirely  clear  of  these  objectionable  alliances 
during  his  administration,  as  did  Mr.  Monroe  also  during 
his  first  term.  But  in  1819,  through  the  influence,  in 
great  part,  of  Mr.  Adams,  then  secretary  of  state,  a 
treaty  was  concluded  with  England  for  the  suppression 
of  the  slave-trade,  yielding  the  right  of  search,  and  au 
thorizing  the  authorities  of  that  country  to  enforce  the 
laws  of  the  United  States  upon  the  citizens  of  the 
United  States.  The  object  of  this  alliance  was  a 
praiseworthy  one,  but  the  means  for  carrying  it  into 
effect  were,  from  the  necessity  of  the  case,  such  as  the 
American  people  could  not  approve.  The  treaty  was 
rejected  by  the  Senate ;  and  so  strong  was  the  popu 
lar  feeling  against  it  that  a  similar  treaty  concluded  with 
the  republic  of  Colombia,  shortly  after  shared  the  same 
fate,  by  an  almost  unanimous  vote.  Mr.  Van  Buren 
contended  that  the  Panama  mission  was  a  departure 
from  the  established  policy  of  the  government,  like 
those  measures  of  a  kindred  character  to  which  he  re 
ferred.  He  insisted  that  the  proposed  alliance  with 
the  South  American  states  would  necessarily  be  inju 
rious,  because,  when  the  time  came  for  carrying  it  into 
effect,  innumerable  difficulties  would  arise ;  and  as  an 
illustration  in  point,  he  referred  the  Senate  to  the  mem 
orable  stipulation  of  the  five  great  European  powers 
at  Vienna,  in  1815,  pledging  themselves  to  unite  in  the 
suppression  of  the  slave-trade,  and  the  inability  of  their 
representatives,  at  the  conference  held  at  Aix-la-Cha- 
pelle  in  1818,  to  agree  upon  the  terms  of  cooperation. 


SPEECH    ON    THE    PANAMA    MISSION.  409 

"  But  I  cannot  consent,"  he  added,  "  to  trespass  longer  upon  the  time 
of  the  Senate  in  pushing  the  discussion  of  this  point  further,  although 
various  considerations  operating  against  the  measure,  press  upon  my 
mind.  If  it  were  proposed  to  form  a  connection  with  any  European 
power,  such  as  now  designed  with  the  Spanish  American  states,  it  is 
hoped  and  believed,  that  the  measure  would  not  meet  with  one  ap 
proving  voice — shall  I  say — on  this  floor  ?  No — not  in  the  country ! — 
But  it  has  been  supposed  that  the  United  States  ought  to  pursue  a 
different  policy  with  respect  to  the  states  in  this  hemisphere.  It  is 
true,  Mr.  Monroe,  in  his  message,  makes  a  distinction  of  this  character, 
although  he  by  no  means  carries  it  to  the  extent  proposed.  If  he  did, 
all  that  the  distinction  could  derive  from  that  circumstance  would  be, 
the  weight  of  his  opinion,  always  considerable,  but  never  decisive.  The 
question  still  recurs — is  the  distinction  founded  in  principle  and  policy  ? 
If  it  be,  it  must  arise  from  one  of  two  reasons ;  either  the  character  of 
the  governments  of  the  Spanish  American  states,  or  their  local  situa 
tion, — or,  perhaps,  from  both. 

"  The  United  States  have  hailed  the  emancipation  of  those  states 
with  satisfaction :  they  have  our  best  wishes  for  the  perpetuity  of  their 
freedom.  So  far  as  we  could  go  to  aid  them  in  the  establishment  of 
their  independence,  without  endangering  the  peace,  or  embarrassing  the 
relations  of  our  country,  we  have  gone.  More  than  that  ought  not  to 
be  asked.  ISTor  has  it.  Sensible  of  the  embarrassments  which  their 
invitation  might  produce,  they  declined  to  proffer  it  until  advised  that 
we  desired  to  receive  it.  Next  to  being  right,  it  is  important  to  govern 
ments,  as  well  as  individuals,  to  be  consistent.  Has  the  character  of 
these  governments  been  the  principle  upon  which  we  have  hitherto 
acted  in  relation  to  those  states  ?  It  has  not  Mexico  and  Brazil  were 
the  last  to  shake  off  their  dependence  on  foreign  authority.  They 
were  among  the  first  whose  independence  we  acknowledged.  Mexico 
was,  at  the  period  of  its  acknowledgment,  under  the  dominion  of  the 
Emperor  Iturbide,  and  Brazil  of  its  Emperor,  Don  Pedro.  As  a  spe 
cial  compliment  to  the  Emperor  of  Mexico,  we  sent,  or  rather  intended 
to  send,  to  his  court,  one  of  the  most  distinguished  men  of  the  nation, 
(General  Jackson.)  At  the  court  of  the  Emperor  Don  Pedro,  we  have 

18 


410  MARTIN    VAN    BUREN. 

our  minister :  whilst  in  the  republic  of  Peru — the  power  with  which 
the  first  of  the  treaties,  in  virtue  of  which  the  Congress  of  Panamd  is 
to  be  held,  was  concluded— we  have  not  yet  been  represented.  Do  our 
principles  admit  that  we  should  adopt  the  measures  proposed  with  such 
reference,  and  upon  such  grounds  ?  What  are  those  principles  ? — That 
man  is  capable  of  self-government ;  that  the  people  of  every  country 
should  be  left  to  the  free  selection  of  such  form  of  government  as  they 
think  beat  adapted  to  their  situation,  and  to  change  it  as  their  interests, 
in  their  own  judgments,  may  seem  to  require.  Wherein  consists  our 
objection  to  the  Holy  Alliance  ?  Because  they  confederate  to  maintain 
governments  similar  to  their  own,  by  force  of  arms,  instead  of  the  force 
of  reason,  and  the  will  of  the  governed.  If  we,  too,  confederate  to 
sustain,  by  the  same  means,  governments  similar  to  our  own,  wherein 
consists  the  difference,  except  the  superiority  of  our  cause  ?  What  is 
their  avowed  motive?  Self-preservation,  and  the  peace  of  Europe. 
What  would  be  ours  ?  Self-preservation,  and  the  peace  of  America. 

"  I  wish  to  be  understood.  I  detest,  as  much  as  any  man,  the  prin 
ciples  of  the  Holy  Alliance.  I  yield  to  no  man  in  my  anxious  wishes 
for  the  success  of  the  Spanish  American  states.  I  will  go  as  far  as  I 
think  any  American  citizen  ought  to  go,  to  secure  to  them  the  blessings 
of  free  government.  I  commend  the  solicitude  which  has  been  mani 
fested  by  our  government  upon  this  subject,  and  have,  of  course,  no  de 
sire  to  discourage  it.  But  I  am  against  all  alliances,  against  all  armed 
confederacies,  or  confederacies  of  any  sort.  I  care  not  how  specious, 
or  how  disguised, — come  in  what  shape  they  may,  I  oppose  them.  The 
states  in  question  have  the  power  and  the  means,  if  united  and  true  to 
their  principles,  to  resist  any  force  that  Europe  can  send  against  them. 
It  is  only  by  being  recreant  to  the  principles  upon  which  their  revolu 
tion  is  founded ;  by  suffering  foreign  influence  to  distract  and  divide 
them ;  that  their  independence  can  be  endangered.  But,  happen  what 
may,  our  course  should  be  left  to  our  choice,  whenever  occasion  for 
acting  shall  occur.  If,  in  the  course  of  events,  designs  shall  be  mani 
fested,  or  steps  taken  in  this  hemisphere  by  any  foreign  power,  which 
BO  far  affect  our  interest  or  our  honor,  as  to  make  it  necessary  that  we 


RESOLUTIONS  ON  THE  PANAMA  QUESTION.     411 

should  arm  in  their  defence,  it  will  be  done;  there  is  no  room  to 
doubt  it. 

"  The  decision  of  that  question  may  safely  be  left  to  those  who  come 
after  us.  That  love  of  country  and  of  freedom,  which  now  animates 
our  public  councils,  is  not  confined  to  us,  or  likely  to  become  extinct. 
We  require  neither  alliance  nor  agreement  to  compel  us  to  perform 
whatever  our  duty  enjoins.  Our  national  character  is  our  best,  and 
should  be  our  only  pledge.  Meanwhile,  let  us  bestow  upon  our  neigh 
bors,  the  young  republics  of  the  South,  the  moral  aid  of  a  good  exam 
ple.  To  make  that  example  more  salutary,  let  it  exhibit  our  modera 
tion  in  success,  our  firmness  in  adversity,  our  devotion  to  our  country 
and  its  institutions,  and,  above  all,  that  sine  qua  non  to  the  existence 
of  our  republican  government — our  fidelity  to  a  written  Constitution" 

Previous  to  the  delivery  of  this  speech  on  the  Pan 
ama  question,  Mr.  Van  Buren  had  made  an  ineffectual 
attempt  to  have  the  discussion  in  the  Senate  carried 
on  with  open  doors.  In  his  view  it  was  of  the  most 
important  character,  and  should  not  be  concealed  from 
the  American  people.  He  had  hitherto  been  disposed, 
as  were  most  of  the  republican  senators  from  the  north 
who  usually  voted  with  him,  not  to  offer  any  regular 
opposition  to  the  administration;  but  its  course  in  this 
respect  he  regarded  as  having  an  alarming  tendency, 
and  therefore  resisted  it  at  every  step.  In  order  to 
bring  the  question  distinctly  before  the  Senate,  he  sub 
mitted  resolutions,  on  the  14th  of  March,  1826,  declar 
ing  that  the  Constitution  of  the  United  States  did  not 
authorize  the  nomination,  by  the  President,  of  minis 
ters  to  an  assembly  like  that  proposed  to  be  held  at 
Panama,  and  that,  waiving  the  constitutional  objec- 


412  MARTIN    VAN    BUREN. 

tion,  the  embassy  in  question  was  inexpedient.  The 
Senate  negatived  the  resolutions,  however,  by  a  vote 
of  twenty-four  to  nineteen,  and  Commissioners  were 
appointed ;  but,  fortunately  perhaps  for  the  peace  of 
the  country,  they  were  unable  to  attend  the  Panama 
Congress,  and  no  "  entangling  alliance"  was  concluded 
with  the  Spanish  American  states. 

The  subject  of  internal  improvements  by  the  general 
government  was  repeatedly  agitated  during  the  period 
of  Mr.  Van  Buren's  service  in  the  Senate.  At  the 
session  of  1821-2  he  voted  for  a  law  authorizing  the 
collection  of  tolls  on  the  Cumberland  road,  for  two  rea 
sons  :  because  he  desired  to  counteract  the  perpetual 
drain  of  the  road  upon  the  treasury,  and  to  aid  in  the 
improvement  of  the  western  states  as  far  as  he  could 
do  so  consistently  with  the  Constitution.  Upon  a 
more  careful  consideration  of  the  principle  involved  in 
this  measure,  he  came  to  the  conclusion  that  it  was 
not  authorized  by  the  Constitution,  and  said  that  if 
the  question  were  to  be  again  presented,  he  would  op 
pose  it.*  In  his  opinion,  the  federal  government  did 
not  possess  the  power,  under  the  Constitution,  to  carry 
on  works  of  internal  improvement  within  the  states ; 
and,  if  it  were  desirable  to  grant  the  power,  he  thought, 
with  Jefferson,  Madison,  and  Monroe,  that  the  Consti 
tution  should  be  amended.  John  Quincy  Adams,  it  is 
well  known,  entertained  views  upon  this  question  di- 

*  Speech  on  Mr.  Foote's  Amendment  to  the  rules  of  the  Senate, 
April,  1828,  (note.) 


INTERNAL    IMPROVEMENTS.  413 

rectly  the  reverse,  and  it  was  probably  owing  chiefly 
to  his  influence  in  the  cabinet,  that  Mr.  Monroe  was 
induced,  toward  the  close  of  his  administration,  to  sur 
render  in  part  the  high  ground  he  had  previously  oc 
cupied. 

In  January,  1824,  Mr.  Van  Buren  called  the  atten 
tion  of  the  Senate  to  the  dangerous  assumption  of 
power  by  the  general  government,  in  regard  to  internal 
improvements,  and  submitted  amendments  to  the  Con 
stitution  limiting  and  defining  its  exercise.  At  the 
following  session,  the  policy  of  Mr.  Adams  was  fully 
developed,  and  he  earnestly  recommended  the  subject 
of  internal  improvements  to  the  favorable  considera 
tion  of  Congress.  This  feature  of  the  American  Sys 
tem  at  once  encountered  the  opposition  of  Mr.  Van 
Buren.  On  the  19th  of  December,  1825,  he  offered 
two  resolutions  on  the  subject  :  one  declaring  that 
Congress  did  not  possess  "the  power  to  make  roads 
and  canals  within  the  respective  states  ;"  and  the  other 
proposing  a  select  committee  to  prepare  an  amend 
ment  to  the  Constitution,  prescribing  and  defining  the 
power  of  Congress  in  this  respect.  These  resolutions 
were  highly  approved  by  Mr.  Jefferson,*  but,  though 
advocated  and  defended  by  the  mover  with  great  abil 
ity,  did  not  secure  a  majority  vote  in  the  Senate.  At 
the  same  session,  in  accordance  with  the  sentiments 
expressed  in  his  speech  and  resolutions,  Mr.  Van  Buren 
voted  against  the  appropriation  for  the  Louisville 

*  Jefferson's  Works,  vol.  iv.  p.  424. 


414  MARTIN    VAN    BUEEN. 

canal,  and  the  proposition  to  subscribe  to  the  capital 
stock  of  the  Dismal  Swamp  Canal.  From  the  views 
advanced  by  him  in  the  Senate,  and  indicated  by  his 
votes,  Mr.  Van  Buren  never  deviated  while  he  re 
mained  in  public  life. 

Being  at  the  head  of  the  committee  on  the  judiciary, 
many  of  the  most  important  laws  passed  in  Congress 
were  brought  under  his  particular  notice.  Of  this 
character  were  the  bills  establishing  District  and  Cir 
cuit  Courts  in  the  new  states  and  territories.  At  first 
he  was  inclined  to  favor  a  change  in  the  judiciary  sys 
tem  of  the  federal  government,  which  should  relieve 
the  judges  of  the  Supreme  Court  from  travelling  on  the 
circuits,  and  confine  them  to  the  discharge  of  term 
duties  only, — additional  District  Courts  being  estab 
lished  to  take  the  place  of  the  circuits  which  would 
be  abolished.  Subsequently  his  views  underwent  a 
change,  and  in  an  able  speech  delivered  on  the  7th  of 
April,  1826,  he  reviewed  the  whole  subject,  showing 
the  importance  of  requiring  the  judges  to  preside  at 
the  circuits,  and  adding  to  their  number,  when  re 
quired  by  the  increase  of  the  circuits.  He  pointed 
out  the  natural  tendency  of  the  Supreme  Court  to 
strengthen  itself  and  to  enlarge  its  powers,  from  the 
tenure  of  the  appointment  of  its  members  ;  and  con 
tended  that,  if  their  duties  should  become  merely  re 
visory,  and  they  be  no  longer  brought  into  contact 
with  the  people  by  presiding  at  the  circuits,  they 
would  lose  all  sympathy  with  them,  and  every  feeling 


CHOICE    OF    ELECTORS.  415 

of  dependence  upon  them,  and  thus  become  a  court 
above  the  reach  of  the  popular  judgment,  above  the 
law  and  superior  to  the  Constitution. 

In  view  of  the  result  of  the  presidential  contest  in 
1824,  Mr.  Van  Buren  made  repeated  efforts  to  procure 
an  amendment  of  the  Constitution  dividing  the  states 
into  electoral  districts ;  each  district  to  choose  one 
elector;  the  electors  to  vote  for  president  and  vice- 
president,  and  if  no  one  had  a  majority  of  votes,  then 
the  electors  to  be  again  called  together  by  the  presi 
dent  and  to  vote  for  one  of  the  two  highest  candidates ; 
and  if,  upon  the  second  vote,  there  should  be  no  choice, 
then  the  election  to  devolve  upon  the  House  of  Rep 
resentatives,  as  the  Constitution  already  provided. 
The  adoption  of  this  amendment  was  advocated  by 
him  with  much  earnestness,  at  three  successive  ses 
sions,  but  it  failed  of  success. 

As  Mr.  Van  Buren  had  favored  a  proposition  to 
abolish  imprisonment  for  debt  in  the  state  of  New 
York,  so  he  attempted  to  procure  a  similar  reform  in 
the  civil  code  of  the  general  government.  He  sup 
ported  the  bill  having  this  object  in  view,  brought  for 
ward  by  Richard  M.  Johnson  in  1823,  and  endeavored, 
though  in  vain,  by  various  amendments  and  modifica 
tions  which  he  proposed,  to  render  it  satisfactory  to  a 
majority  of  the  Senate. 

He  also  advocated  the  establishment  of  a  uniform 
system  of  bankruptcy,  in  the  winter  of  1827,  but  op 
posed  every  effort  to  ingraft  upon  the  bill  then  under 


416  MARTIN    VAN    BUREN. 

discussion,  any  of  the  features  of  an  insolvent  law.  At 
the  same  session,  an  interesting  debate  took  place  in 
the  Senate  on  the  subject  of  the  trade  with  the  British 
West  India  Colonies.  In  an  able  speech  delivered  on 
the  24th  of  February,  1827,  Mr.  Van  Buren  reviewed 
the  whole  controversy  with  Great  Britain  in  regard  to 
the  colonial  trade.  After  referring  to  the  laws  passed 
by  Congress  imposing  discriminating  and  alien  duties, 
the  non-intercourse  acts  of  1818  and  1820,  and  the  or 
der  in  council  laying  countervailing  duties  on  Amer 
ican  vessels,  he  said  that  there  was  good  reason,  in 
1824,  to  anticipate  a  speedy  settlement  of  the  difficulty. 
In  1817,  the  United  States  had  adopted  the  principle 
"  that  the  reciprocity  of  burdens  and  exemptions  should 
extend  to  the  cargo  as  well  as  to  the  vessel ;"  and  that 
the  same  privileges  ought  to  be  allowed  to  American 
produce  imported  into  the  British  Colonies  that  were 
allowed  to  the  produce  of  the  mother  country  or  its 
colonies.  The  British  ministry  declared  this  principle 
to  be  wholly  inadmissible,  but  in  the  negotiations  of 
1824  a  disposition  was  manifested  to  abandon  their 
ground.  It  was  then  proposed  by  the  British  govern 
ment  to  place  the  United  States  on  a  footing  with  the 
most  favored  nation,  but  the  American  minister,  in 
pursuance  of  positive  instructions  received  through 
Mr.  Adams,  then  secretary  of  state,  insisted  that  Amer 
ican  produce  should  not  be  subjected  to  a  higher  duty 
or  impost  than  that  arriving  from  "  any  other  place," 
—thus,  in  effect,  deny  ing  to  Great  Britain  the  right  of 


SPEECH    ON    THE    COLONIAL    TRADE.  417 

imposing  discriminating  duties  for  the  encouragement 
of  her  own  productions.  The  negotiations  in  1824 
therefore  failed,  but  when  Mr.  Adams  became  presi 
dent,  they  were  renewed  again  in  1826,  and  the  Amer 
ican  minister  was  then  instructed  to  yield  the  point 
which  had  prevented  an  amicable  adjustment  in  1824. 
But  as  the  American  authorities  had  suffered  nearly 
two  years  to  elapse  without  accepting  the  terms  pro 
posed  by  the  British  government  in  1824,  the  latter 
now  refused  to  abide  by  its  previous  offer. 

Meanwhile,  however,  acts  had  been  passed  in  par 
liament  in  June  and  July,  1825,  opening  British  ports 
to  foreign  vessels  coming  from  a  foreign  country,  upon 
equal  terms  with  British  vessels,  provided  that  the 
country  engaging  in  such  trade  and  having  colonies, 
should  allow  British  vessels  to  trade  with  its  colonies 
on  similar  terms,  or  if  not  having  colonies,  that  it 
should  place  the  trade  with  the  British  Colonies  on  a 
footing  with  the  most  favored  nation.  To  these  acts 
the  British  ministry  pointed  in  reply  to  the  American 
proposition,  in  1826,  as  forming  the  basis  upon  which 
a  new  negotiation  must  be  opened.  At  the  session 
of  Congress  in  1825-6,  an  ineffectual  effort  had  been 
made,  which  Mr.  Van  Buren  supported,  to  pass  a  law 
reciprocating  the  terms  proposed  by  the  British  acts. 
The  passage  of  this  bill  was  successfully  resisted  by 
the  friends  of  Mr.  Adams,  and  the  British  govern 
ment,  by  an  order  in  council,  of  July,  1826,  closed  the 
ports  of  their  West  India  Colonies  against  the  vessels 

18* 


27 


418  MARTIN    VAN    BUBEN. 

of  the  United  States.  The  trade  thus  interrupted  was 
of  great  value  and  importance  to  the  American  people, 
and  all  parties  professed  to  be  anxious  to  secure  it.  It 
was  the  policy  of  the  administration  to  force  the  Brit 
ish  government  to  abandon  its  position,  by  countervail 
ing  measures,  although  the  United  States  had  been 
placed  in  the  wrong  by  neglecting  promptly  to  accept 
the  offer  made  in  1824,  or  to  reciprocate  the  British 
acts  of  1825.  At  the  session  of  1826-7,  therefore,  the 
friends  of  Mr.  Adams  in  Congress  proposed  to  pass 
a  law  closing  our  ports  against  British  vessels  coming 
by  sea  from  certain  enumerated  ports,  unless,  within  a 
specified  time,  the  president  should  receive  satisfactory 
information  that  the  enumerated  ports  were  open  to 
American  vessels  upon  the  same  terms  prescribed  in 
the  British  acts  of  1825.  This  measure  was  avowedly 
one  of  retaliation,  and  Mr.  Van  Buren  opposed  it  for 
that  reason.  He  proposed,  in  its  stead,  to  remove  the 
ground  of  collision  by  abolishing  the  alien  and  discrim 
inating  duties  upon  certain  conditions,  and  in  the  same 
law  to  present  to  the  British  government  the  ultima 
tum  of  the  United  States  in  the  very  terms  which  the 
former  had  offered  in  1824.  In  this  way,  he  insisted, 
the  final  determination  of  the  American  government 
would  be  made  known,  and  there  would  be  no  sacri 
fice  of  national  dignity.  The  position  taken  would  be 
firm,  yet  at  the  same  time  conciliatory,  and  if  the  Brit 
ish  government  revoked  its  order  in  council  of  1826, 
the  president  would  then,  by  proclamation,  remove  the 


FAVORS  THE  CESSION  OF  THE  PUBLIC  LANDS.   419 

discriminating  duties  imposed  by  former  acts.  The 
controversy  would  thus  be  narrowed  down  to  a  single 
point.  If  Great  Britain  accepted  the  terms  which  she 
had  herself  proposed,  the  colonial  trade  would  be 
opened ;  if  not,  the  United  States  would  continue  its 
retaliatory  policy. 

In  consequence  of  a  disagreement  between  the  two 
houses  of  Congress,  no  act  was  passed  at  the  session 
of  1826-7  in  regard  to  the  colonial  trade,  and  on 
the  17th  of  March,  1827,  President  Adams  issued  a 
proclamation,  in  pursuance  of  the  act  of  1823,  declar 
ing  the  trade  with  certain  British  ports  to  be  prohib 
ited.  The  general  sentiment  of  the  country  was  un 
doubtedly  in  favor  of  an  abandonment  of  the  coercive 
policy,  as  Mr.  Van  Buren  and  others  desired;  but 
the  administration  seem  to  have  approved  this  policy, 
though  they  proposed,  in  1826,  the  same  terms  offered 
by  the  British  government  in  1824.  By  the  proclama 
tion  of  the  president,  in  March,  1827,  the  dispute  was 
rendered  still  more  difficult  of  adjustment ;  and  under 
such  unfavorable  circumstances,  the  question  was  left 
by  Mr.  Adams  to  be  settled  by  his  successor. 

Upon  the  subject  of  the  public  lands,  Mr.  Van  Buren 
was  early  committed  against  the  policy  of  distribution 
subsequently  advocated  with  so  much  zeal  and  ability 
by  Mr.  Clay.  While  the  former  was  in  the  Senate, 
this  question  was  not  presented  in  the  shape  it  after 
ward  assumed,  but  in  a  few  remarks  submitted  by 
him,  in  May,  1826,  on  a  motion  for  information,  he 


420 


MARTIN    VAN    BUREN. 


declared  his  readiness  to  vote  for  a  proposition  vesting 
the  lands  in  the  states  in  which  they  lay  on  just  and 
equitable  terms  as  related  to  the  other  states.  This 
idea — the  cession  of  the  public  lands  to  the  states — 
shortly  after  became  the  antagonist  proposition  to  Mr. 
Clay's  plan  of  distribution. 

Mr.  Van  Buren  was  never  friendly  to  a  high  protec 
tive  tariff.     Upon  this  important  question  he  seems  to 
have  occupied  a  sort  of  compromise  ground.     He  did 
not  adopt  the  extreme  views  of  the  friends  of  a  strictly 
revenue  tariff,  but  was  in  favor  of  protection  to  a  mod 
erate  extent.     In  his  opinion,  "  the  establishment  of 
commercial  regulations,  with  a  view  to  the  encourage 
ment  of  domestic  products,"  was  "  within  the  consti 
tutional  power  of  Congress."  *     Yet  he  did  not  think 
a  greater  amount  of  revenue  should  be  raised  by  a 
tariff  of  duties,  than  was  necessary  for  the  economical 
administration  of  the  government ;  but  that  the  degree 
of  protection  he  favored  might  be  realized  by  discrim 
inating  duties.      His  position  was  that,  in  the  main, 
held  by  the  republicans  of  the  northern  states,  and 
though  not  exactly  in   accordance  with  that  main 
tained  by  the  same  party  in  the  anti-tariff  states,  came 
much  nearer  to  it  than  that  of  his  opponents  in  the 
political  contests  through  which  he  passed. 

He  voted  for  the  tariff  act  of  1824,  though  not  en 
tirely  satisfied  with  all  its  details.     The  tariff  move 
ment  in  1827-8  was  almost  wholly  of  a  political  char- 
*  Letter  to  the  Shocco  Springs'  Committee,  October,  1 832. 


THE    TARIFF.  421 

acter ;  and  John  Randolph  pithily  said  of  the  act  of 
1828,  that  it  referred  "  to  manufactures  of  no  sort  or 
kind,  but  the  manufacture  of  a  president  of  the  United 
States."  The  remark  was  no  less  witty  than  true. 
Political  considerations  connected  with  the  approach 
ing  presidential  election,  either  guided  or  controlled 
the  proceedings  that  led  to  the  passage  of  the  act,  and 
operated  most  powerfully  upon  the  minds  of  its  framers. 

It  has  been  justly  said  of  the  administration  of  John 
Quincy  Adams,  that  "the  merits  and  demerits  of  his 
policy  were  positive.*  But  he  failed  to  carry  out  any 
of  the  great  measures  which  he  recommended.  The 
proceeds  of  the  public  lands  were  not  distributed 
among  the  states ;  no  provision  was  made  for  a  general 
system  of  internal  improvements ;  the  coercive  policy 
failed  to  secure  the  colonial  trade ;  and  the  Panam£ 
mission,  though  sustained  in  Congress,  was  defeated,  in 
the  end,  by  a  combination  of  circumstances.  In  regard 
to  the  tariff  he  did  not  fully  commit  himself  in  favor  of 
the  high  protective  system  until  his  last  annual  mes 
sage  ;  yet  the  subject  was  repeatedly  brought  before 
Congress  by  the  Secretary  of  the  Treasury,  Mr.  Rush. 

Previous  to  this  time  the  tariff  question  had  not  en 
tered  much  into  national  politics.  But  the  interest 
which  had  been  fostered  by  the  acts  of  1816  and  1824, 
had  now  become  a  most  powerful  one,  and  not  content 
with  the  encouragement  it  had  already  received,  was 
clamorous  for  additional  protection.  This  was  desired 

*  American  Annual  Register. 


422  MARTIN    VAN    BUREN. 

not  only  by  the  manufacturers  of  iron,  and  of  cotton 
and  woollen  goods,  but  by  the  wool  and  hemp  growers 
of  the  middle  and  western  states.  The  producers  of 
corn  and  rye  also  asked  to  be  protected  against  the  im 
portation  of  molasses  for  the  manufacture  of  spirits, 
which  was  carried  on  somewhat  extensively  in  the 
New  England  states.  The  whole  Union,  indeed,  with 
the  exception  of  the  staple  states  at  the  south,  seemed 
to  be  in  favor  of  increasing  the  protective  duties.  It 
was  evident,  then,  that  this  great  interest  must  exert  a 
controlling  influence  upon  the  presidential  election  in 
1828,  and  politicians  of  all  parties  engaged  with  zeal 
and  earnestness  in  the  effort  to  secure  it  for  their  par 
ticular  side. 

Mr.  Adams  was  inclined  to  be  partial  to  the  manu 
facturers  in  the  Eastern  states,  a  large  majority  of  whom 
were  his  political  friends;  and  after  the  defeat  of  the 
woollens  bill  in  1827,  he  encouraged,  if  he  did  not  ad 
vise,  the  convention  of  the  advocates  of  increased  pro 
tection  held  at  Harrisburg  in  the  summer  of  1827.  At 
this  convention  a  tariff  of  high  duties  was  agreed 
upon,  which  was  satisfactory  to  the  manufacturers,  but 
did  not  meet  the  wishes  of  the  agriculturists.  Mr. 
Van  Buren  took  a  prominent  part  in  a  public  meeting 
held  in  the  city  of  Albany  on  the  tenth  of  July,  called 
for  the  purpose  of  considering  the  propriety  of  sending 
delegates  to  the  Harrisburg  convention,  and  was  the 
principal  speaker  on  the  occasion.  In  his  remarks  he 
expressed  himself  friendly  to  a  protective  tariff,  but  he 


NEW    ORGANIZATION    OP    PARTIES.  423 

warned  the  manufacturers  against  uniting  their  for 
tunes  with  any  political  adventurer.  He  said  that  no 
system  could  be  permanent  that  did  not  protect  all  the 
great  interests  of  the  country  alike ;  that  neither  the 
manufacturer  nor  the  agriculturist  should  be  favored  at 
the  expense  of  any  other  class ;  and  that  moderate 
counsels  were  much  more  reliable  than  the  intemperate 
zeal  manifested  by  the  leaders  in  the  movement  then 
making,  which,  as  he  firmly  believed,  proceeded  "  from 
the  closet  of  the  politician  rather  than  from  the  work 
shop  of  the  manufacturer." 

Meantime  the  political  elements  had  been  moving 
adversely  to  the  interests  of  Mr.  Adams.  Not  a  single 
measure  of  his  administration  had  been  successful,  and 
none  had  added  materially  to  the  number  of  his  friends. 
His  union  with  Mr.  Clay  brought  him  no  considerable 
accession  of  strength,  for  many  of  the  most  ardent  ad 
mirers  of  the  latter  no  longer  adhered  to  his  fortunes. 
Mr.  Adams  had  been  reared  in  that  school  of  moderate 
federalists  to  which  his  father  belonged,  and  of  which 
Rufus  King  was  for  many  years  the  representative ; 
and  while  he  supported  the  policy  of  Jefferson  and 
Madison  in  respect  to  the  foreign  relations  of  the 
country,  in  its  domestic  legislation  he  seems  to  have 
been  inclined  to  favor  the  doctrines  of  the  school  in 
which  he  was  educated.  From  1816  to  1825  parties 
were  in  a  sort  of  transition  state ;  but  upon  the  elec 
tion  of  Mr.  Adams,  all\the  moderate  federalists,  and  the 
conservative  republicans — the  latter,  however,  forming 


424  MARTIN    VAN    BUREIf. 

a  small  proportion  of  the  republican  party — rallied 
around  his  administration.  The  ultra  federalists  di 
vided  ;  one  portion  forgetting  their  family  differences 
with  the  Adamses  and  uniting  with  the  administration 
party,  and  the  other  portion  turning  their  backs  on  the 
principles  they  had  once  advocated,  and  going  over  to 
the  new  republican  party  now  rallying  under  the  lead 
ership  of  Andrew  Jackson. 

In  the  19th  Congress  Mr.  Adams'  friends  were  in  a 
large  majority,  but  in  the  next  Congress  his  opponents 
were  the  most  numerous,  and  they  were  consequently 
enabled  to  give  the  tariff  question  such  a  direction  as 
inured  to  the  benefit  of  their  favorite  candidate.  Be 
fore  referring  to  the  passage  of  the  act  of  1828,  how 
ever,  it  may  be  well  to  explain  more  particularly  the 
political  course  of  Mr.  Van  Buren. 

For  many  years  there  had  been  two  political  parties 
in  the  state  of  New  York,  divided  more  upon  personal 
than  political  questions.  These  were  the  Clintonians 
and  the  Bucktails.  The  former  were  composed  of  a 
fraction  of  the  old  republican  party  and  the  great  ma 
jority  of  the  federalists,  while  the  Bucktails  consisted 
of  the  main  body  of  the  republicans  united  with  the 
small  number  of  federalists  who  had  supported  Madison 
and  the  war.  During  the  administration  of  Mr.  Mon 
roe  the  two  parties  were  separated  upon  state  issues,  or 
the  merits  of  De  Witt  Clinton ;  but  when  Mr.  Adams 
became  president,  the  members  of  either  party  soon 
found  themselves  disagreeing  upon  national  questions. 


REELECTED  TO  THE  SENATE.          425 

The  leaders  of  both  these  parties,  Mr.  Clinton  and  Mr. 
Van  Buren,  were  opposed  to  Mr.  Adams.  The  former 
was  one  of  the  earliest  friends  of  General  Jackson  in 
the  northern  states.  Mr.  Van  Buren  had  supported 
Mr.  Crawford  during  the  contest  of  1824,  and  after 
ward  adhered  to  him  faithfully  till  his  continued  ill- 
health  rendered  it  impossible  that  he  should  again  be 
come  a  candidate,  when,  with  the  whole  Crawford 
party,  the  former  united  with  the  Jackson  republicans 
and  that  portion  of  Mr.  Clay's  friends  who  could  not 
be  prevailed  on  to  support  Mr.  Adams. 

With  Mr.  Clinton  and  Mr.  Van  Buren  both  arrayed 
against  the  administration,  it  was  almost  a  hopeless 
task  to  think  of  securing  the  great  state  of  New  York 
for  Mr.  Adams,  at  the  presidential  election  in  1828. 
Their  views  in  regard  to  the  succession  were  well 
known,  but  the  Adams'  men  seem  to  have  feared  a  col 
lision,  and  to  have  carefully  avoided  it  up  to  the  last 
moment.  The  Clintonian  Adams  men  in  the  New 
York  legislature,  nearly  all  of  whom  had  been  federal 
ists,  attempted  to  prevent  the  reelection  of  Mr.  Van 
Buren  to  the  Senate  in  the  winter  of  1827,  and  for  that 
purpose  held  a  caucus  at  which  Stephen  Van  Rensse- 
laer  was  nominated  as  the  opposing  candidate.  But 
the  Bucktail  Adams'  men  could  not  be  prevailed  upon 
to  desert  their  leader,  and  but  two  of  them  attended 
the  caucus.  Mr.  Van  Buren  was  reflected,  therefore, 
on  the  6th  of  February,  1827,  by  a  large  majority.  Be 
sides  receiving  the  support  of  the  Bucktail  members, 


426  MARTIN    VAN    BUREN. 

he  was  also  voted  for  by  several  Clintonian  Jackson 
men,  who  were  known  to  be  the  confidential  friends  of 
Mr.  Clinton,  and  very  probably  acted  in  accordance 
with  his  wishes. 

Mr.  Van  Buren's  tact  and  skill  as  a  party  discipli 
narian  never  stood  him  in  greater  stead  than  at  this 
crisis.  He  possessed  a  rare  faculty  of  governing  and 
controlling  men.  His  knowledge  of  human  nature  was 
extraordinary.  He  studied  men  as  well  as  books.  He 
was  a  practical  politician,  and  he  not  only  had  ability, 
but  he  knew  when  and  how  to  use  it,  and  in  what  man 
ner  to  take  advantage  of  times  and  circumstances. 
No  man  contributed  more  than  he  to  the  organization 
of  the  Bucktail  party,  and  it  was  almost  a  perfect  piece 
of  human  machinery  which  could  be  guided  and  di 
rected  in  accordance  with  his  will.  A  firm  adherence 
to  regular  nominations  and  to  the  decisions  of  party 
caucuses,  was  the  cardinal  feature  of  his  creed,  and  it 
became  that  of  his  political  friends.  All  merit  has 
been  denied  to  Mr.  Van  Buren  in  this  respect,  but  that 
of  a  capacity  for  intrigue  and  cunning.  A  superficial 
observer  might  be  disposed  to  concur  in  this  judgment, 
but  he  who  examines  causes  and. effects  more  critically 
will  see  that  Mr.  Van  Buren  was  obliged,  as  it  were, 
to  adopt  this  policy  by  the  new  order  of  things.  Un 
der  the  old  constitution  of  the  state  and  the  party  cus 
toms  then  in  vogue,  the  members  of  the  legislature 
controlled  everything  ;  they  elected  the  council  of  ap 
pointment,  and  they  nominated  the  candidates  for  gov- 


SUPPORT  OF  GENERAL  JACKSON.         427 

ernor  and  lieutenant-governor,  and  elected  all  the  other 
state  officers.  Prior  to  1828,  also,  the  presidential 
electors  were  chosen  by  the  legislature. 

But  when  the  new  constitution  enlarged  the  basis 
of  the  right  of  suffrage,  and  nominating  conventions 
composed  of  delegates  appointed  for  a  specified  pur 
pose,  were  substituted  for  legislative  caucuses,  it  be 
came  necessary  for  the  political  leader  who  desired  to 
be  successful,  to  change  his  tactics.  Executive  patron 
age  alone  was  not  sufficient ;  Mr.  Clinton  tried  it  and 
failed.  But  Mr.  Van  Buren,  in  addition  to  this,  im 
pressed  upon  his  followers  the  absolute  necessity,  in 
order  to  be  successful,  of  adhering  firmly  to  the  party 
organization,  and  of  supporting  with  fidelity  the  nomi 
nees  of  caucuses  and  conventions.  The  result  de 
monstrated  his  shrewdness  and  his  wisdom.  He  suc 
ceeded  where  others  had  experienced  failures  and  dis 
appointments,  and  his  policy  we  have  seen  adopted 
and  imitated  by  all  the  public  men  of  his  state. 

At  the  fall  election  in  1827  the  issue  was  made  be 
tween  the  friends  and  opponents  of  General  Jackson. 
No  formal  understanding  had  been  entered  into  be 
tween  Mr.  Van  Buren  and  Mr.  Clinton,  but  the  inti 
mate  friends  of  the  former  frequently  visited  the  gov 
ernor,  and  whatsoever  influence  he  could  bring  to  bear 
upon  the  Clintonian  Jackson  men  was  cheerfully 
exerted.  Mr.  Van  Buren  carried  the  whole  Bucktail 
party  with  him  in  support  of  General  Jackson,  with  the 
exception  of  a  few  federalists  or  particular  admirers  of 


428  MARTIN    VAN    BUREN. 

Mr.  Clay.  Consequently  a  very  large  majority  of 
the  members  of  the  legislature  chosen  at  this  time 
were  friendly  to  General  Jackson,  now  become  the 
leader  and  head  of  the  reorganized  republican,  or,  as  it 
was  called  in  the  northern  and  western  states,  the 
democratic  party. 

This  demonstration  alarmed  the  friends  of  Mr. 
Adams,  and  their  only  hope  rested  on  the  tariff  ques 
tion.  But  the  Jackson  men  were  in  the  majority  of 
both  Houses  of  Congress.  They  elected  the  speaker 
of  the  House  of  Representatives,  and  the  committee 
on  manufactures  was  constituted  unfavorably  to  Mr. 
Adams.  The  tariff  of  duties  agreed  upon  at  Harris- 
burg  was  not  approved  by  the  committee,  but  a  new 
bill  was  prepared  which  favored  the  agriculturists 
more  than  the  manufacturing  interest  desired  to  do. 
This  bill  was  drawn  up  by  Silas  Wright,  a  warm  friend 
of  Mr.  Van  Buren,  and  it  provided  for  the  imposition 
of  a  high  rate  of  protective  duties.  While  the  bill  was 
still  pending,  the  New  York  legislature  passed  resolu 
tions  by  an  almost  unanimous  vote,  instructing  their 
senators  to  vote  in  its  favor.  Mr.  Van  Buren  did  not 
feel  satisfied  with  the  bill ;  it  is  very  probable,  however, 
that  he  desired  to  have  something  done  to  secure  the 
tariff  interest  in  the  middle  and  western  states  for  Gen 
eral  Jackson ;  and  his  votes  upon  the  various  amend 
ments  offered  in  the  Senate  seem  to  have  been  influ 
enced  more  or  less  by  this  consideration.  When  the 


EFFECTS    OF    THE    TARIFF    BILL.  429 

final  vote  was  taken,  he  obeyed  his  instructions,  and 
supported  the  bill. 

The  law  of  1828,  no  doubt,  added  materially  to  the 
strength  of  General  Jackson  in  the  middle  states,  or  to 
speak  more  properly,  perhaps,  it  served  an  important 
purpose  in  preventing  the  administration  from  alienat 
ing  from  him  those  tariff  friends  whose  votes  contrib 
uted  to  his  success.  The  Adams'  men  were  completely 
outwitted,  and  their  candidate  failed.  But  the  law  was 
a  bad  one — unfair  and  unjust — and  should  never  have 
been  passed.  It  is  very  doubtful,  indeed,  whether  the 
result  of  the  presidential  election  would  have  been  dif 
ferent,  taking  the  whole  Union  together,  if  the  law  had 
not  been  enacted.  Giants,  however,  are  as  liable  to 
stumble  as  pigmies,  and  great  men  sometimes  commit 
errors  as  well  as  fools. 

At  the  same  session  of  Congress,  Mr.  Van  Buren 
advocated  the  passage  of  the  bill  for  the  relief  of  the 
surviving  officers  of  the  revolutionary  army,  in  an  able 
speech  delivered  on  the  28th  of  January,  1828.  He 
also  defended  the  position  assumed  by  the  vice-presi 
dent,  Mr.  Calhoun,  that  the  latter  had  no  right  to  call 
a  senator  to  order  for  words  spoken  in  debate ;  and  in 
his  speech  on  this  question — which  had  an  important 
political  bearing,  because  Mr.  Adams  himself,  who  had 
been  assailed  by  John  Randolph  in  the  Senate,  attacked 
the  decision  of  the  presiding  officer,  in  the  National  In 
telligencer — Mr.  Van  Buren  entered  into  an  elaborate 
review  of  the  history  of  political  parties,  and  showed, 


430  MARTIN    VAN    BUREN. 

as  his  friends  claimed,  that  the  administration  party 
had  supported  measures,  and  entertained  opinions  in 
regard  to  the  powers  of  the  government,  similar  to 
those  brought  forward  and  advocated  by  the  federalists 
under  the  administration  of  the  elder  Adams. 

The  question  of  the  unconstitutionality  of  the  United 
States  Bank,  or  of  its  recharter,  was  not  agitated  while 
Mr.  Van  Buren  was  in  the  Senate  ;  but  in  his  speech 
on  the  powers  of  the  vice-president,  he  fully  commit 
ted  himself  upon  it,  in  advance,  and  said  that  he  re 
garded  the  old  bank  as  the  "  great  pioneer  of  constitu 
tional  encroachments." 

The  peculiar  position  of  De  Witt  Clinton  and  Mr. 
Van  Buren  with  reference  to  national  politics,  they  be 
ing  the  leaders  of  rival  parties  in  the  state,  yet  both  the 
friends  and  admirers  of  General  Jackson — their  per 
sonal  relations  from  1825  till  the  death  of  Mr.  Clinton 
— and  the  effect  of  that  sad  event  upon  the  political 
fortunes  of  Mr.  Van  Buren — have  been  so  often  the 
subjects  of  comment,  that  it  will  not  be  out  of  place  to 
introduce  here  some  extracts  from  a  letter  addressed 
to  the  author  by  a  cotemporary  of  those  eminent  men, 
whose  means  of  information  were  such  as  to  entitle  his 
statements  to  be  received  with  the  fullest  confidence : 

"  There  were  not,"  says  the  letter,  "  any  authorized 
steps  taken  toward  bringing  about  a  friendly  under 
standing  between  Governor  Clinton  and  Mr.  Van 
Buren  in  the  winter  of  1827-8,  in  view  of  the  presi 
dential' election.  The  posture  of  parties  and  interests 


RELATIONS    TOWARD    DE   WITT    CLINTON.  431 

at  that  time,  while  it  did  not  invite  or  produce  personal 
antagonism  or  political  asperity  between  those  gentle 
men,  precluded  anything  like  an  arrangement  or  un 
derstanding.  At  an  earlier  day,  viz.  during  the  session 
of  1826,  interviews  were  certainly  had  between  Ben 
jamin  Knower,  Perley  Keyes,  and  Governor  Clinton, 
and  between  the  friends  of  Governor  Clinton  and  Mr. 
Van  Buren ;  but  with  less  reference  to  the  presidential 
question  and  to  national  politics,  than  to  questions  of 
state  policy  and  of  immediate  legislative  action.  Indeed, 
at  that  time,  the  course  of  the  democratic  party  in  the 
state, — although  the  indications,  to  those  familiar  with 
moving  causes,  pointed  in  one  direction, — the  preva 
lent,  but  quiet,  feeling  of  that  party,  in  all  its  public 
movements,  was  to  avoid  a  discussion  of,  or  direct 
committal  upon,  the  presidential  question,  and  to  re 
serve  the  democratic  strength  for  an  expression  at  the 
proper  time  that  should  carry  its  united  energies,  with 
auxiliaries  from  other  parties,  to  the  support  of  General 
Jackson.  The  legislative  appointments  of  that  session 
(1826),  of  Chancellor  Jones  and  Colonel  McKown, 
and  particularly  the  desire  of  the  friends  of  Mr.  Van 
Buren  to  induce  Governor  Clinton  to  nominate  Mr. 
Redfield  *  to  the  vacancy  occasioned  by  the  resigna 
tion  of  Judge  Rochester,  led  to  these  interviews  and 
partial  understandings.  But  the  presidential  question, 
although  remote  and  not  yet  publicly  mooted,  was  un 
doubtedly  not  without  its  effect  upon  the  action  of  the 
[*  Heman  J.  Redfield] 


432  MARTIN    VAN    BUREN. 

day ;  and  led  to  a  conciliatory  course  toward  Gover 
nor  Clinton,  and,  no  doubt,  to  a  readiness  to  recipro 
cate  it  on  his  part.  After  the  election  of  1824,  and 
upon  the  accession  of  Mr.  Adams  in  1825,  Governor 
Clinton  avowed  his  preference  for  General  Jackson. 
Many  believed, — and  I  was  so  assured  by  prominent 
friends  of  his — that  he  declined  the  mission  to  Eng 
land,  ostensibly  because  he  was  unwilling  to  quit  the 
state  government,  or  to  incur  the  expense  of  a  foreign 
embassy  in  the  state  of  his  pecuniary  affairs,  but  really 
because  he  preferred  not  to  accept  office  under  Mr. 
Adams,  and  thus  identify  himself  with  his  adminis 
tration. 

"In  the  spring  of  1826,  so  well  known  were  Gover 
nor  Clinton's  views  toward  Mr.  Adams,  that  among 
the  prominent  politicians  in  the  democratic  party  at 
Albany,  an  unwillingness  was  felt  and  expressed  to 
bring  out  a  candidate  in  opposition  to  him  at  the  en 
suing  state  election.  The  extent  of  this  feeling  was 
not  unknown  to  Governor  Clinton.  The  personal  re 
lations  of  Governor  Clinton  and  Mr.  Van  Buren  were 
at  this  time,  if  not  cordial,  at  least  friendly.*  *  *  * 
But  such  was  the  prevalent  desire  of  the  democrats  of 
the  interior,  where  the  old  feeling  was  yet  active,  to 
offer  a  candidate  of  their  own,  that  it  was  not  deemed 
expedient  or  even  practicable  to  resist  it.  A  knowl- 

[*  During  the  summer  of  1826  friendly  visits  were  interchanged 
between  Governor  Clinton  and  Mr.  Van  Buren.  They  dined  with  each 
other,  and  often  met  at  the  houses  of  their  respective  friends.] 


RELATIONS    TOWARD    DE    WITT    CLINTON.  433 

edge,  however,  of  the  existence  of  a  qualified  friendly 
feeling  toward  Governor  Clinton  at  Albany,  and  a  be 
lief  that  any  opposition  to  him  would  be  unsuccessful, 
induced  Chancellor  Sanford  and  other  prominent 
gentlemen  to  refuse  their  names  as  opposing  candi 
dates,  although  the  former  was  urgently  appealed  to, 
when  it  was  found  that  an  opposing  nomination  was 
unavoidable.  The  nomination  of  Judge  Rochester  was 
then  suggested,  and  promptly  acquiesced  in  and  cordi 
ally  supported  by  Mr.  Van  Buren  and  his  friends.  The 
greatly  reduced  majority  by  which  Governor  Clinton 
was  reflected,  evinced  the  activity  and  vigor  with 
which  the  contest  was  conducted  by  the  democratic 
party  of  the  state. 

"Although  this  contest  had,  so  far  as  the  action  of 
parties  was  involved,  again  separated  Mr.  Van  Buren 
and  Governor  Clinton,  and  little  opportunity  for  per 
sonal  intercourse  was  afforded,  no  personal  asperity 
was  manifested  by 'either.  Nor  was  it  politic  to  in 
dulge  it,  on  either  side,  in  any  offensive  manner,  since 
whatever  may  have  been  Governor  Clinton's  induce 
ments  to  a  state  of  modified  good  feeling,  the  reelec 
tion  of  Mr.  Van  Buren  to  the  United  States  Senate, 
at  the  session  of  1827,  was  a  result  which  his  friends 
were  desirous  to  accomplish,  and  which,. however  con 
fident  of  success,  they  would  not  leave  to  the  hazard 
of  any  fortuitous  adverse  combinations.  It  is  undoubt 
edly  true,  that,  subsequently,  the  peculiar  political  as 
pects,  the  known  partiality  of  Governor  Clinton  for 

19 


23 


434  MARTIN    VAN    BUREN. 

General  Jackson,  and  the  belief  that  it  was  in  a  degree 
at  least  reciprocated,  threw  a  doubt  over  Mr.  Van 
Buren's  fortunes,  and  seemed  to  foreshadow  an  ulti 
mate  conflict  between  them  for  position  in  the  adminis 
tration.  It  is  true,  also,  that  this  feeling  produced  its 
effect  upon  the  minds  of  the  principals,  and  the  more 
immediate  friends  of  each,  and  that  some  of  them  were 
not  unwilling  to  effect  an  understanding  that  should 
enable  both  to  support  General  Jackson,  and  cooperate 
in  his  administration.  A  sort  of  armed  truce  followed 
the  reelection  of  Mr.  Van  Buren  to  the  Senate,  two  or 
three  of  the  Clintonian  friends  of  General  Jackson 
having  voted  for  him,  while  the  great  body  of  the  party 
with  which  Governor  Clinton  acted  voted  against  him, 
as  they  ultimately  voted  against  General  Jackson.  *  *  * 
What  would  have  been  the  course  of  events — what 
the  struggle  for  ascendency  in  the  cabinet  or  adminis 
tration  of  General  Jackson — and  which  would  have  ob 
tained  the  mastery — for  it  is  obvious  that  their  aims 
and  interests,  and  the  parties  attached  to  each,  would 
clash — is  now,  and  ever  can  be  only  matter  of  con 
jecture,  since  the  sudden  death  of  Governor  Clinton 
terminated  his  career  and  the  aims  of  his  friends,  and 
placed  Mr.  Van  Buren  in  the  commanding  position 
which  led  directly  to  his  ascendency  in  the  national 
councils." 

It  may  be  idle  to  speculate  upon  the  turn  which  the 
fortunes  of  Mr.  Van  Buren  would  have  taken,  if  Mr. 
Clinton  had  not  died  at  this  particular  juncture  ;  yet 


HIS    PROSPECTS.  435 

it  seems  to  be  necessary,  because  it  has  been  said  that 
the  former  was  indebted  entirely  for  his  subsequent 
success  to  the  decease  of  his  rival.  The  death  of  Gov 
ernor  Clinton,  indeed,  was  fortunate  for  Mr.  Van 
Buren,  inasmuch  as  it  removed  a  barrier  to  his  politi 
cal  advancement ;  but  it  is  by  no  means  improbable 
that  that  barrier,  if  such  it  had  in  reality  proved,  would 
have  been  overcome.  If  the  chief  magistracy  of 
New  York  had  contented  Mr.  Clinton,  he  would  un 
doubtedly  have  received  the  support  of  Mr.  Van 
Buren  ;  but,  had  he  aimed  to  secure  a  controlling  in- 
fluence  in  the  new  administration,  a  collision  between 
them  would  have  been  unavoidable.  It  was  said  by 
the  presses  in  the  interest  of  Mr.  Adams,  that  if  Mr. 
Van  Buren  had  been  appointed  minister  to  England 
in  1825  instead  of  Rufus  King,  there  would  have  been 
no  contest  for  the  presidency  in  1828  ;  yet  this  com 
pliment  to  his  standing  and  importance,  however  de 
served,  had  very  little  of  truth,  in  other  respects,  to 
commend  it.  The  ambition  of  Mr.  Van  Buren  looked 
to  advancement  in  the  general  government,  and  a  for 
eign  mission  was  certainly  not  calculated  to  further 
his  views. 

Mr.  Van  Buren  occupied  the  vantage  ground  of 
Mr.  Clinton  with  reference  to  national  politics.  He 
was  the  acknowledged  leader  of  the  old  Crawford  in 
terest,  and  no  politician  belonging  to  the  republican,  or 
democratic  party,  as  they  now  styled  themselves,  in  the 
northern  states,  contributed  more  than  he  to  pave  the 


436  MARTIN    VAN    BUREN. 

way  for  the  success  of  General  Jackson.  During  the 
administration  of  Mr.  Adams  he  stood  in  the  front  rank 
of  the  minority  in  the  Senate.  His  fascinating  address, 
his  imperturbable  temper,  and  his  unfailing  courtesy  in 
times  of  the  highest  excitement,  gained  him  many 
warm  friends  in  Congress,  and  secured  the  respect  of 
his  opponents ;  while,  at  the  same  time,  his  talents 
were  achieving  for  him  a  national  distinction,  and 
many  already  anticipated  his  advancement  to  a  larger 
sphere  of  usefulness.  He  had  no  rival  from  the  north 
in  Congress  ;  in  the  west,  he  had  the  powerful  support 
of  Thomas  H.  Benton ;  and  in  the  south,  John  Forsyth 
was  his  firm  ally  and  friend.  John  C.  Calhoun  wielded 
a  commanding  influence  in  Pennsylvania,  and  in  South 
Carolina  and  the  adjoining  states,  but  he  had  mani 
fested  his  repugnance  to  De  Witt  Clinton  at  the  very 
outset  of  his  political  career.  Edward  Livingston  and 
Felix  Grundy  were  the  confidential  friends  of  General 
Jackson ;  the  former,  though  now  a  resident  of  Louis 
iana  was  the  head  of  the  Livingston  family  of  New 
York  and  had  inherited  not  a  few  of  their  prejudices 
against  the  Clintons  ;  and  both  were  inclined  to  be  par 
tial  to  Mr.  Van  Buren  rather  than  to  Mr.  Clinton. 

In  respect  of  character  and  ability,  also,  Mr.  Van 
Buren  had  the  advantage  of  Mr.  Clinton.  Both  pos 
sessed  talents  of  a  high  order.  Mr.  Van  Buren  had 
less  genius,  but  more  practical  tact.  Mr.  Clinton  had 
more  self-reliance,  Mr.  Van  Buren  greater  self-com 
mand.  The  one  was  wilful,  headstrong  and  impatient ; 


ELECTED    GOVERNOR.  437 

the  other  calm,  cautious  and  prudent.  Mr.  Clinton 
was  reserved  in  manner,  but  gave  free  utterance  to 
his  thoughts, — Mr.  Van  Buren  was  frank  in  manner, 
but  concealed  his  thoughts.  Mr.  Clinton  was  always 
bold  and  decided, — Mr.  Van  Buren  only  so  at  the  prop 
er  time.  The  former  studied  books, — the  latter  men. 
The  one  could  scarcely  control  himself,  much  less  gov 
ern  others ;  the  other  was  a  complete  master  of  him 
self,  and,  therefore,  easily  obtained  the  mastery  over 
others.  Such  being  the  distinctive  traits  of  each,  it  is 
not  difficult  to  determine  which  was  the  better  poli 
tician  of  the  two,  or  which  was  more  likely  to  be  suc 
cessful. 

By  the  death  of  Mr.  Clinton,  in  February,  1828,  a 
vacancy  occurred  in  the  executive  administration  of 
New  York.  The  friends  of  Mr.  Van  Buren,  as  well 
as  himself,  were  then  looking  forward  to  a  seat  in  the 
cabinet,  and  they  supposed  it  would  advance  his  and 
their  views,  if  they  could  stamp  upon  him  the  approba 
tion  of  the  democratic,  or  Jackson  party,  in  the  state, 
by  electing  him  to  the  vacant  gubernatorial  chair.  He 
was  well  satisfied  with  his  position  in  the  Senate,  but 
deferred  to  the  advice  of  his  friends.  But  when  it  was 
decided  that  he  should  become  a  candidate,  there  was 
still  a  difficulty  in  the  way ;  and  that  was  the  selection 
of  a  proper  person  for  lieutenant-governor,  for,  in  case 
Mr.  Van  Buren  were  to  take  a  seat  in  the  cabinet, 
upon  the  former  would  devolve  the  executive  duties  for 
nearly  the  entire  term.  Mr.  Van  Buren,  of  course,  had 


438  MARTIN    VAN    BUREN. 

no  desire  that  the  office  should  be  filled  by  one  who 
was  unfavorably  disposed  toward  himself;  and  in  the 
event  of  the  Jackson  party  being  successful,  it  was 
foreseen  that  great  caution  and  prudence  would  be  re 
quired  in  the  appointments  to  offices,  most  of  them  be 
ing  then  filled  by  Clintonians,  and  the  Bucktail  Jack 
son  men  naturally  regarding  themselves  as  better  en 
titled  to  favor. 

It  was  finally  agreed  that  Enos  T.  Throop,  then  cir 
cuit  judge  of  the  seventh  circuit,  was  the  most  suitable 
person  to  be  supported  for  the  office  of  lieutenant-gov 
ernor.  Besides  possessing  the  requisite  talents  for  the 
proper  discharge  of  the  duties  of  the  higher  office, 
Judge  Throop  was  a  firm  party  man,  and  cherished 
no  ulterior  views  that  could  possibly  clash  with  the  in 
terests  of  Mr.  Van  Buren.  Accordingly,  the  latter 
visited  the  Judge  at  his  residence  on  the  Owasco  Lake, 
near  Auburn,  in  the  summer  of  1828,  and  prevailed 
upon  him  to  permit  the  use  of  his  name  before  the 
democratic  convention  soon  to  assemble. 

The  Jackson  convention  met  at  Herkimer  in  Sep 
tember,  and  Mr.  Van  Buren  and  Judge  Throop  were 
nominated  for  governor  and  lieutenant-governor.  The 
selection  of  the  former  had  been  generally  anticipated, 
and  no  opposition  was  made  to  his  nomination  in  the 
convention.  The  election  was  a  warm  and  exciting 
one,  particularly  in  relation  to  the  contest  for  the  pres 
idency.  For  the  state  offices  there  were  three  tickets 
in  the  field.  Smith  Thompson,  one  of  the  Justices  of 


ENTERS  UPON  HIS  DUTIES  AS  GOVERNOR.    439 

the  Supreme  Court  of  the  United  States,  was  supported 
for  governor  by  the  Adams  men,  or  National  Repub 
licans,  and  Solomon  Southwick  by  the  Anti-masons,  a 
new  political  party  then  recently  formed.  The  Anti- 
masonic  ticket  drew  off  from  Mr.  Van  Buren  a  num 
ber  of  Jackson  men  in  the  western  part  of  the  state  ; 
and,  consequently,  he  did  not  receive  a  majority  over 
both  the  opposing  candidates.  There  were  over  two 
hundred  and  seventy-six  thousand  votes  cast  for  gov 
ernor  ;  the  plurality  of  Mr.  Van  Buren  over  Judge 
Thompson  was  upwards  of  thirty  thousand ;  and  Mr. 
Southwick  received  only  about  thirty-three  thousand 
votes.  If  there  had  been  but  two  tickets,  Mr.  Van 
Buren  would  still  have  been  elected  without  any  ques 
tion,  although  Mr.  Hammond  is  so  positive  in  express 
ing  a  contrary  opinion.*  The  masons  among  the  na 
tional  republicans  would  never  have  voted  for  an  anti- 
mason,  and  all  the  leading  anti-masons  were  as  yet  de 
cidedly  adverse  to  a  coalition  with  either  one  of  the 
two  principal  parties. f  The  true  test  was  the  electoral 
ticket ;  the  Jackson  candidates  receiving  upwards  of 
five  thousand  majority  in  the  state. 

Having  resigned  the  office  of  Senator,  Mr.  Van 
Buren  took  the  constitutional  oath  as  governor  of  the 
state  on  the  first  day  of  January,  1829.  His  message 
at  the  commencement  of  the  session  of  the  legislature 
in  the  same  month  was  admitted  to  be  an  able  one  by 

*  Political  History,  voL  il  p.  289. 

•j-  Mr.  Van  Buren  and  Mr.  Throop  were  not  masons. 


440  MARTIN    VAN    BUREN. 

members  of  all  parties.  He  referred  approvingly  to 
the  canal  system  and  policy  of  the  state,  but  advised 
caution  in  the  prosecution  of  other  works.  He  recom 
mended,  also,  the  abolition  of  the  auction  monopoly, 
the  revision  of  the  election  laws  so  as  to  prevent  the 
unnecessary  expenditure  of  money  at  elections,  the 
repeal  of  the  district  system  of  choosing  presidential 
electors  and  the  substitution  of  a  general  ticket ;  but 
the  principal  topic  of  his  message,  as  it  was  the  engross 
ing  subject  of  discussion  in  the  legislature,  was  the  re 
newal  of  the  bank  charters,  a  large  portion  of  which 
were  about  to  expire.  A  reform  in  the  banking  system 
of  the  state  had  long  been  called  for,  and  had  been  re 
peatedly  recommended  by  De  Witt  Clinton.  The  peo 
ple  of  the  state  had  suffered  a  great  deal  from  the  fre 
quent  failures  of  banking  institutions,  and  demanded  a 
change.  Different  plans  had  been  proposed  to  remedy 
the  evils  complained  of,  but  one,  subsequently  known 
as  the  safety  fund  system,  prepared  by  Joshua  Forman, 
then  a  resident  of  Syracuse,  but  who  afterward  re 
moved  to  North  Carolina  where  he  died,  appeared  to 
be  the  most  feasible.  This  was  submitted  to  Mr.  Van 
Buren,  and  after  undergoing  some  modifications  sug 
gested  by  himself  or  the  experienced  bankers  whom  he 
consulted,  was  adopted  by  him.  He  recommended  it 
to  the  attention  of  the  legislature  in  his  annual  mes 
sage,  and  soon  after  laid  it  before  them  in  detail.  The 
plan,  in  substance,  was  approved  of  by  the  legislature, 
and  the  safety  fund  law  enacted  ;  and  all  the  banks  in 


APPOINTED    SECRETARY    OF    STATE.  441 

the  state  were  soon  brought  under  this  system.  Sub 
sequent  events  showed  that  it  did  not  afford  a  perfect 
protection  against  fraud  or  failure ;  but  it  was  so  great 
an  improvement  on  the  old  system,  that  Mr.  Van 
Buren  is  entitled  to  much  credit  for  perceiving  its 
merits  and  for  adopting  it. 

Mr.  Van  Buren's  career  as  governor  of  the  state 
was  brief,  indeed.  His  administration  had  just  fairly 
commenced  when  he  was  invited  by  General  Jackson, 
as  had  been  anticipated  by  himself  and  his  friends,  to 
take  a  seat  in  the  cabinet  as  secretary  of  state.  The 
position  thus  tendered  to  him  was  accepted  in  compli 
ance  with  the  wishes  of  the  democratic  members  of  the 
legislature  to  whom  the  invitation  was  made  known, 
and  who  advised  its  acceptance.  On  the  6th  day  of 
March,  1829,  the  nomination  of  Mr.  Van  Buren  was 
unanimously  confirmed  by  the  Senate  of  the  United 
States,  and  on  the  12th  instant,  he  announced  to  the 
legislature  his  resignation  of  the  gubernatorial  office. 
Resolutions  were  adopted  by  that  body  congratulating 
him  on  his  appointment  and  approving  of  his  decision ; 
and  accompanied  by  the  best  wishes  of  his  friends  he 
repaired  to  his  post  at  the  seat  of  government  of  the 
nation. 

Though  removed,  as  it  were,  from  the  politics  of 
New  York,  Mr.  Van  Buren  left  behind  him  a  great 
number  of  devoted  friends  to  take  care  of  his  interests, 
to  represent  him  in  his  native  state,  and  to  sustain  him 
in  his  new  position  by  her  voice  and  influence.  Among 

19* 


442  MARTIN    VAN    BUREN. 

them  were  the  acting  governor,  Judge  Throop,  William 
L.  Marcy,  lately  comptroller  but  then  an  associate 
justice  of  the  supreme  court,  Silas  Wright,  jr.,  the 
comptroller,  Azariah  C.  Flagg,  secretary  of  state,  Ed 
win  Croswell,  editor  of  the  Albany  Argus,  James 
Porter,  Register  in  Chancery  and  a  brother-in-law  of 
Governor  Throop,  and  Benjamin  F.  Butler,  the  former 
law-partner  of  Mr.  Van  Buren.  All  were  men  of  de 
cided  talents,  and  for  many  years  they  wielded  an  in 
fluence  in  this  state  in  favor  of  Mr.  Van  Buren  that 
was  irresistible.  They  were  termed  by  their  opponents 
the  Albany  Regency,  and  Mr.  Van  Buren  was  called, 
somewhat  derisively,  the  favorite  son  of  New  York. 
Whether  these  appellations  were  just  or  unjust,  it  is 
certain  that  they  exercised  a  regent's  power,  and  he 
was  the  fortunate,  if  not  the  favorite  son,  of  his  native 
state. 

The  office  of  secretary  of  state  afforded  no  opportu 
nity  for  particular  distinction.  The  policy  introduced 
by  Mr.  Van  Buren  and  approved  by  General  Jackson, 
in  the  management  of  our  foreign  relations,  was  frank 
and  liberal,  but  firm  and  decided.  While  he  had 
charge  of  the  department,  the  negotiations  with  Eng 
land  were  reopened,  the  coercive  policy  was  aban 
doned,  and  the  colonial  trade  finally  secured  upon  the 
most  favorable  terms.  Other  important  negotiations, 
particularly  with  reference  to  long  pending  claims, 
were  commenced  under  his  auspices,  and,  after  he  left 
the  department,  conducted  to  a  satisfactory  adjustment 


DIVISIONS    IN    THE    CABINET.  443 

of  the  different  questions  involved,  in  the  manner  he 
had  foreshadowed. 

It  was  the  desire  of  General  Jackson  that  his  cabinet 
should  be  a  unit.  Determined  himself  to  assume  all 
the  responsibility  of  the  acts  of  his  administration, 
he  wished  his  advisers  to  act  harmoniously  together. 
This  was  found  to  be  impossible.  Divisions  and  jeal 
ousies  sprung  up,  and  the  cabinet  was  at  length  dis 
solved.  The  ostensible  cause  of  this  apparently  un 
toward  event  affected  only  the  private  relations  of  the 

members  of  the  cabinet,  but  the  real  source  of  the  dif- 

» 

ficulty  was  more  important.  There  were  now  two 
rival  candidates  for  the  succession — Mr.  Van  Buren 
and  Mr.  Calhoun — made  so  principally  by  the  action 
of  their  friends.  Each  party  endeavored  to  secure  the 
higher  position  in  the  administration,  and  each  was  rep 
resented  in  the  cabinet.  Mr.  Van  Buren  had  the 
whole  republican  party  in  the  north  and  west,  with  a 
few  unimportant  exceptions,  in  his  favor.  Mr.  Calhoun 
had  many  warm  friends  all  over  the  union,  but  at  the 
south,  where  his  chief  popularity  lay,  the  Crawford 
men  divided  the  power  with  him.  Mr.  Van  Buren 
was  the  favorite  with  the  old  Crawford  party  ;*  and 
they  now  arrayed  themselves  on  his  side.  The  sup 
porters  of  Mr.  Calhoun  claimed  to  be  particularly  the 

*  The  Crawford  men  in  Georgia  gave  the  vote  of  the  state  for 
vice-president,  in  1824,  to  Mr.  Yan  Buren,  and  in  1828  they  refused 
to  support  Mr.  Calhoun,  and  gave  the  electoral  vote  of  the  state  to 
William  Smith,  of  South  Carolina. 


444  MARTIN    VAN    BUREN. 

friends  of  General  Jackson,  and  the  Crawford  men,  who 
could  not  forget  that  the  former  had  been  the  chief 
cause  of  the  defeat  of  their  candidate  in  1824,  replied 
by  charging  them  with  being  secretly  hostile  to  the  ad 
ministration  ;  and  they  pointed  to  Mr.  Calhoun's  course 
as  a  member  of  Mr.  Monroe's  cabinet  in  advising  the 
censure  of  General  Jackson  for  his  conduct  during  the 
Seminole  war,  as  affording  the  evidence  of  his  per 
sonal  hostility  to  the  incumbent  of  the  presidential 
chair. 

The  strife  in  the  cabinet  and  in  the  party  resulted  in 
the  ascendency  of  Mr.  Van  Buren,  and  the  original 
Crawford  and  Jackson  men  became  arrayed  against 
the  friends  of  Mr.  Calhoun.  For  a  long  time  after  the 
elements  of  dissolution  were  found  to  be  at  work  in  the 
cabinet,  Mr.  Van  Buren  kept  it  together  by  his  concil 
iatory  course,  his  admirable  temper,  his  kindness  of 
manner,  and  his  prudence  of  speech  and  action.  But 
he  was  ultimately  convinced  that  the  success  of  the 
administration,  and  his  own  prospects  for  the  future, 
demanded  his  retirement  from  a  position  so  unpleasant; 
and  on  the  llth  of  April,  1831,  he  opened  the  way  to  a 
dissolution  of  the  cabinet,  by  a  voluntary  resignation 
of  the  office  which  he  held. 

General  Jackson  had  now  become  warmly  attached 
to  Mr.  Van  Buren.  He  had  great  confidence  in  his 
ability,  and  desired  to  secure  his  services  in  another 
capacity.  It  had  been  his  wish  to  settle  all  the  ques 
tions  in  difference  with  Great  Britain,  such  as  the  right 


APPOINTED    MINISTER    TO   ENGLAND.  445 

of  blockade,  the  impressment  of  seamen,  and  the  right 
of  search,  which  had  occasioned  the  war  of  1812,  and 
still  remained  unadjusted.  Had  Mr.  Van  Buren  con 
tinued  in  the  state  department,  he  would  have  had  the 
management  of  the  negotiations ;  and  it  seemed  to  the 
president  that  the  same  thing  might,  in  effect,  be  ac 
complished,  by  the  appointment  of  the  late  secretary 
as  minister  to  England,  with  full  powers  to  conduct  the 
negotiation  upon  those  questions.  Immediately  after 
his  resignation,  therefore,  the  mission  was  tendered  to 
Mr.  Van  Buren.  His  immediate  friends  were  anxious 
that  he  should  remain  in  the  country,  but  the  president 
so  earnestly  urged  his  acceptance  that  he  finally  com 
plied  and  embarked  for  England  in  the  course  of  the 
following  summer.  He  reached  London  in  September, 
and  was  received  by  the  British  court  with  every  mark 
of  favor. 

The  appointment  of  Mr.  Van  Buren  having  been 
made  during  the  recess,  it  was  one  of  the  first  brought 
forward  for  consideration  when  the  Senate  assembled 
at  the  regular  session  of  Congress  in  December.  It 
soon  began  to  be  whispered  abroad  that  it  would  be 
opposed,  and  the  question  of  his  confirmation  was  thus 
placed  in  doubt.  The  instructions  of  Mr.  Van  Buren 
to  Mr.  Me  Lane,  by  whom  the  negotiations  for  the  re 
covery  of  the  colonial  trade  had  been  conducted,  were 
called  for ;  and  from  these  it  appeared  that  that  gen 
tleman  had  been  instructed,  in  his  discretion  however, 
to  inform  the  British  cabinet,  if  necessary  to  remove 


446  MARTIN    VAN    BUREN. 

the  bad  feelings  produced  by  the  course  of  the  pre 
vious  administration,  of  the  position  occupied  by  those 
then  in  authority  with  reference  to  the  colonial  trade. 
The  tone  of  these  instructions,  though  what  might 
reasonably  have  been  expected  from  Mr.  Van  Buren, 
considering  his  decided  opposition  to  the  coercive 
policy  of  Mr.  Adams,  was  displeasing  to  the  friends  of 
the  late  administration  in  the  Senate,  and  they  voted 
against  the  confirmation.  With  them  voted  the  two 
senators  from  South  Carolina,  Mr.  Poindexter  of  Mis 
sissippi,  and  Mr.  Moore  of  Alabama,  who  were  the 
confidential  friends  of  Mr.  Calhoun.  The  vote  was 
now  a  tie,  and  the  vice-president,  Mr.  Calhoun,  decided 
it  in  the  negative,  that  the  Senate  would  not  advise  or 
consent  to  the  appointment. 

Like  the  removal  of  Mr.  Clinton  from  the  office  of 
Canal  Commissioner,  the  rejection  of  Mr.  Van  Buren 
was  an  ill-advised  act,  and  it  often  returned  "  to  plague 
the  inventors."  It  gained  him  troops  of  friends  in 
every  state  in  the  union.  He  was  regarded  as  a  perse 
cuted  man,  and  meetings  of  indignation  were  held  all 
over  the  country.  In  New  York  the  proceedings  were 
marked  by  great  enthusiasm  and  devotion  to  Mr.  Van 
Buren,  and  when  he  returned  home  he  was  welcomed 
by  a  perfect  shower  of  addresses  and  resolutions,  ex 
pressing  condemnation  of  the  act  of  rejection  and  the 
warmest  attachment  to  his  person. 

The  rejection  did  more  than  this.  It  secured  him 
the  nomination  for  the  vice-presidency  on  the  same 


ELECTED    VICE-PRESIDENT.  447 

ticket  with  General  Jackson  in  1832,  by  a  national 
democratic  convention  held  at  Baltimore  in  the  month 
of  May.  This  nomination  was  made  in  accordance 
with  the  general  sentiment  of  the  party  as  expressed 
at  the  county  and  state  conventions.  The  republicans 
of  Pennsylvania  alone  withheld  from  him  their  support, 
because  he  was  understood  to  be  opposed  to  a  high 
protective  tariff.  He  received  a  large  majority  of  the 
electoral  votes,  however.  The  whole  number  was  two 
hundred  and  eighty-six,  one  hundred  and  eighty-nine 
of  which  were  given  to  him. 

As  the  presiding  officer  of  a  deliberative  body  Mr. 
Van  Buren  had  no  superior.  Both  friends  and  enemies 
conceded  to  him  the  possession  of  rare  qualities  for 
such  a  station.  A  political  opponent  bears  this  honor 
able  testimony :  "  A  model  presiding  officer  was  Mr. 
Van  Buren.  The  attentive  manner  in  which  he  lis 
tened,  or  seemed  to  listen,  to  each  successive  speaker, 
no  matter  how  dull  the  subject,  or  how  stupid  the 
orator,  the  placidity  of  his  countenance,  unruffled  in 
the  midst  of  excitement,  the  modest  dignity  of  his  de 
portment,  the  gentlemanly  ease  of  his  address,  his  well- 
modulated  voice  and  sympathetic  smile,  extorted  ad 
miration  from  even  an  opposing  Senate ;  while  the 
proper  firmness  he  displayed  on  all  occasions,  the  read 
iness  with  which  he  met  and  repulsed  any  attack  upon 
the  privileges  or  dignity  of  the  chair,  the  more  conspicu 
ous  in  contrast  with  the  quiet  indifference  with  which 


448  MARTIN    VAN    BUREN. 

he  entertained  any  merely  personal  assault,  gained  him 
the  good-will  of  all  beholders."* 

The  office  of  vice-president  is  one  mainly  of  honor ; 
and  rarely  in  itself  one  of  high  importance.  Mr.  Van 
Buren  supported  the  administration  of  General  Jackson 
with  all  his  influence,  in  the  contest  with  the  United 
States  Bank,  the  removal  of  the  deposits,  the  compro 
mise,  the  controversy  with  South  Carolina,  the  French 
difficulty,  and  all  the  other  great  measures  and  ques 
tions  with  which  it  was  identified.  Ever  since  his  re 
jection  it  had  been  tacitly  understood  that  he  would  be 
the  candidate  of  the  democratic  party  to  succeed  Gen 
eral  Jackson ;  and  at  a  national  Convention  held  at 
Baltimore/  in  May,  1835,  he  was  nominated  by  an 
unanimous  vote  on  the  first  ballot,  and  the  late  Richard 
M.  Johnson,  of  Kentucky,  was  selected  as  the  republi 
can  candidate  for  vice-president.  The  protracted 
struggle  of  the  United  States  Bank  was  now  ended, 
and  the  country  was  apparently  peaceful  and  prosper 
ous.  The  election  in  1836,  therefore,  passed  off  quiet 
ly,  and  Mr.  Van  Buren  succeeded  by  a  large  majority. 
In  the  state  of  New  York  the  majority  for  the  Van 
Buren  electors  was  nearly  twenty-eight  thousand.  In 
the  union  he  received  one  hundred  and  seventy  of  the 
two  hundred  and  ninety-four  electoral  votes.  He  was 
duly  inaugurated  on  the  4th  day  of  March,  1837,  on 
which  occasion  he  delivered  an  address,  the  following 
extracts  from  which  will  show  the  views  and  prin- 

*  March's  Reminiscences  of  Congress,  p.  276. 


INAUGURAL    ADDRESS. 


449 


ciples  with   which   he  entered   upon   the   presidential 
office. 

"  The  success  that  has  attended  our  great  experiment  is,  in  itself, 
sufficient  cause  for  gratitude,  on  account  of  the  happiness  it  has  actu 
ally  conferred,  and  the  example  it  has  unanswerably  given.  But  to 
me,  my  fellow-citizens,  looking  forward  to  the  far  distant  future,  with 
ardent  prayers  and  confiding  hopes,  this  retrospect  presents  a  ground 
for  still  deeper  delight.  It  impresses  on  my  mind  a  firm  belief  that 
the  perpetuity  of  our  institutions  depends  upon  ourselves ;  that,  if 
we  maintain  the  principles  on  which  they  were  established,  they  are 
destined  to  confer  their  benefits  on  countless  generations  yet  to  come  • 
and  that  America  will  present  to  every  friend  of  mankind  the  cheering 
proof,  that  a  popular  government,  wisely  formed,  is  wanting  in  no 
element  of  endurance  or  strength.  Fifty  years  ago  its  rapid  failure 
was  boldly  predicted.  Latent  and  uncontrollable  causes  of  dissolution 
were  supposed  to  exist,  even  by  the  wise  and  good ;  and  not  only  did 
unfriendly  or  speculative  theorists  anticipate  for  us  the  fate  of  past 
republics,  but  the  fears  of  many  an  honest  patriot  overbalanced  his 
sanguine  hopea  Look  back  on  these  forebodings,  not  hastily,  but 
reluctantly  made,  and  see  how,  in  every  instance,  they  have  completely 
failed. 

"  An  imperfect  experience,  during  the  struggles  of  the  Revolution, 
was  supposed  to  warrant  a  belief  that  the  people  would  not  bear  the 
taxation  requisite  to  the  discharge  of  an  immense  public  debt  already 
incurred,  and  to  defray  the  necessary  expenses  of  the  government. 
The  cost  of  two  wars  has  been  paid,  not  only  without  a  murmur,  but 
with  unequalled  alacrity.  No  one  is  now  left  to  doubt  that  every 
burden  will  be  cheerfully  borne  that  may  be  necessary  to  sustain  our 
civil  institutions,  or  guard  our  honor  or  our  welfare.  Indeed,  all  ex 
perience  has  shown  that  the  willingness  of  the  people  to  contribute  to 
these  ends,  in  cases  of  emergency,  has  uniformly  outrun  the  confidence 
of  their  representatives. 

"In  the  early  stages  of  the  new  government,  when  all  felt  the  im 
posing  influence,  as  they  recognized  the  unequalled  services  of  the  first 


450  MARTIN    VAN    BUREN. 

president,  it  was  a  common  sentiment,  that  the  great  weight  of  his 
character  could  alone  bind  the  discordant  materials  of  our  government 
together,  and  save  us  from  the  violence  of  contending  factions.  Since 
his  death  nearly  forty  years  are  gone.  Party  exasperation  has  been 
often  carried  to  its  highest  point;  the  virtue  and  fortitude  of  the 
people  have  sometimes  been  greatly  tried ;  yet  our  system,  purified 
and  enhanced  in  value  by  all  it  has  encountered,  still  preserves  its 
spirit  of  free  and  fearless  discussion,  blended  with  unimpaired  fraternal 
feeling. 

"  The  capacity  of  the  people  for  self-government,  and  their  willing 
ness,  from  a  high  sense  of  duty,  and  without  those  exhibitions  of 
coercive  power  so  generally  employed  in  other  countries,  to  submit 
to  all  needful  restraints  and  exactions  of  the  municipal  law,  have  also 
been  favorably  exemplified  in  the  history  of  the  American  states. 
Occasionally,  it  is  true,  the  ardor  of  public  sentiment,  outrunning  the 
regular  progress  of  the  judicial  tribunals,  or  seeking  to  reach  cases  not 
denounced  as  criminal  by  the  existing  law,  lias  displayed  itself  in  a 
manner  calculated  to  give  pain  to  the  friends  of  free  government,  and 
to  encourage  the  hopes  of  those  who  wish  for  its  overthrow.  These 
occurrences,  however,  have  been  far  less  frequent  in  our  country  than 
in  any  other  of  equal  population  on  the  globe ;  and  with  the  diffusion 
of  intelligence,  it  may  well  be  hoped  that  they  will  constantly  diminish 
in  frequency  and  violence.  The  generous  patriotism  and  sound  com 
mon  sense  of  the  great  mass  of  our  fellow-citizens  will  assuredly,  in 
time,  produce  this  result ;  for  as  every  assumption  of  illegal  power 
not  only  wounds  the  majesty  of  the  law,  but  furnishes  a  pretext  for 
abridging  the  liberties  of  the  people,  the  latter  have  the  most  direct  and 
permanent  interest  in  preserving  the  great  landmarks  of  social  order, 
and  maintaining,  on  all  occasions,  the  inviolability  of  those  constitu 
tional  and  legal  provisions  which  they  themselves  have  made. 

"  In  a  supposed  unfitness  of  our  institutions  for  those  hostile  emer 
gencies  which  no  country  can  always  avoid,  their  friends  found  a 
fruitful  source  of  apprehension— their  enemies  of  hope.  While  they 
foresaw  less  promptness  of  action  than  in  governments  differently 
formed,  they  overlooked  the  far  more  important  consideration,  that, 


INAUGURAL    ADDRESS.  451 

with  us,  war  could  never  be  the  result  of  individual  or  irresponsible 
will,  but  must  be  a  measure  of  redress  for  injuries  sustained,  voluntarily 
resorted  to  by  those  who  were  to  bear  the  necessary  sacrifice ;  who 
would  consequently  feel  an  individual  interest  in  the  contest,  and 
whose  energy  would  be  commensurate  with  the  difficulties  to  be 
encountered.  Actual  events  have  proved  their  error ;  the  last  war, 
far  from  impairing,  gave  new  confidence  to  our  government ;  and  amid 
recent  apprehensions  of  a  similar  conflict,  we  saw  that  the  energies 
of  our  country  would  not  be  wanting  in  ample  season  to  vindicate  its 
rights.  We  may  not  possess,  as  we  should  not  desire  to  possess,  the 
extended  and  ever  ready  military  organization  of  other  nations ;  we 
may  occasionally  suffer  in  the  outset  for  the  want  of  it,  but,  among 
ourselves,  all  doubt  upon  this  great  point  has  ceased,  while  a  salutary 
experience  will  prevent  a  contrary  opinion  from  inviting  aggression 
from  abroad. 

•'  Certain  danger  was  foretold  from  the  extension  of  our  territory, 
the  multiplication  of  states,  and  the  increase  of  population.  Our  sys 
tem  was  supposed  to  be  adapted  only  to  boundaries  comparatively 
narrow.  These  have  been  widened  beyond  conjecture ;  the  members 
of  our  confederacy  are  already  doubled;  and  the  mynbers  of  our 
people  are  incredibly  augmented.  The  alleged  causes  of  danger  have 
long  surpassed  anticipation,  but  none  of  the  consequences  have  follow 
ed.  The  power  and  influence  of  the  republic  have  risen  to  a  height 
obvious  to  all  mankind ;  respect  for  its  authority  was  not  more  appa 
rent  at  its  ancient  than  it  is  at  its  present  limits ;  new  and  inexhaustible 
sources  of  general  prosperity  have  been  opened ;  and  effects  of  distance 
have  been  averted  by  the  inventive  genius  of  our  people,  developed 
and  fostered  by  the  spirit  of  our  institutions ;  and  the  enlarged  variety 
and  amount  of  interests,  productions,  and  pursuits,  have  strengthened 
the  chain  of  mutual  dependence,  and  formed  a  circle  of  mutual  benefits, 
too  apparent  ever  to  be  overlooked. 

"  In  justly  balancing  the  powers  of  the  federal  and  state  authorities, 
difficulties  nearly  insurmountable  arose  at  the  outset,  and  subsequent 
collisions  were  deemed  inevitable.  Amid  these,  it  was  scarcely  be 
lieved  possible  that  a  scheme  of  government,  so  complex  in  construe- 


452  MARTIN    VAN    BUREN. 

tion,  could  remain  uninjured  From  time  to  time  embarrassments 
hare  certainly  occurred;  but  how  just  is  the  confidence  of  future 
safety  imparted  by  the  knowledge  that  each  in  succession  has  been 
happily  removed !  Overlooking  partial  and  temporary  evils  as  insep 
arable  from  the  practical  operation  of  all  human  institutions,  and  look 
ing  only  to  the  general  result,  every  patriot  has  reason  to  be  satisfied. 
While  the  federal  government  has  successfully  performed  its  appro 
priate  functions  in  relation  to  foreign  affairs,  and  concerns  evidently 
national,  that  of  every  state  has  remarkably  improved  in  protecting 
and  developing  local  interests  and  individual  welfare ;  and  if  the 
vibrations  of  authority  have  occasionally  tended  too  much  toward  one 
or  the  other,  it  is  unquestionably  certain  that  the  ultimate  operation 
of  the  entire  system  has  been  to  strengthen  all  the  existing  institutions, 
and  to  elevate  our  whole  country  in  prosperity  and  renown. 

"  The  last,  perhaps  the  greatest,  of  the  prominent  sources  of  discord 
and  disaster  supposed  to  lurk  in  our  political  condition,  was  the  insti 
tution  of  domestic  slavery.  Our  forefathers  were  deeply  impressed 
with  the  delicacy  of  this  subject,  and  they  treated  it  with  a  forbear 
ance  so  evidently  wise,  that,  in  spite  of  every  sinister  foreboding,  it 
never,  until  the  present  period,  disturbed  the  tranquillity  of  our  com 
mon  country.  Such  a  result  is  sufficient  evidence  of  the  justice  and 
the  patriotism  of  their  course ;  it  is  evidence  not  to  be  mistaken,  that 
an  adherence  to  it  can  prevent  all  embarrassment  from  this,  as  well  as 
every  other  anticipated  cause  of  difficulty  or  danger.  Have  not  recent 
events  made  it  obvious,  to  the  slightest  reflection,  that  the  least  devia 
tion  from  this  spirit  of  forbearance  is  injurious  to  every  interest,  that 
of  humanity  included  ? 

"  Amid  the  violence  of  excited  passions,  this  generous  and  fraternal 
feeling  has  been  sometimes  disregarded ;  and  standing  as  I  now  do 
before  my  countrymen,  in  this  high  place  of  honor  and  of  trust,  I  can 
not  refrain  from  anxiously  invoking  my  fellow-citizens  never  to  be 
deaf  to  its  dictates.  Perceiving,  before  my  election,  the  deep  interest 
this  subject  was  beginning  to  excite,  I  believed  it  a  solemn  duty  fully 
to  make  known  my  sentiments  in  regard  to  it ;  and  now,  when  every 
motive  for  misrepresentation  has  passed  away,  I  trust  that  they  will 


INAUGURAL    ADDRESS.  453 

be  candidly  weighed  and  understood.  At  least,  they  will  be  my 
standard  of  conduct  in  the  path  before  me.  I  then  declared  that, 
if  the  desire  of  those  of  my  countrymen  who  were  favorable  to 
my  election  was  gratified,  '  I  must  go  into  the  presidential  chair  the 
inflexible  and  uncompromising  opponent  of  every  attempt  on  the  part 
of  Congress,  to  abolish  slavery  in  the  District  of  Columbia,  against  the 
wishes  of  the  slaveholding  states;  and,  also,  with  a  determination 
equally  decided  to  resist  the  slightest  interference  with  it  in  the  states 
where  it  exists.'  I  submitted  also  to  my  fellow-citizens,  with  fulness 
and  frankness,  the  reasons  which  led  me  to  this  determination.  The 
result  authorizes  me  to  believe  that  they  have  been  approved,  and  are 
confided  in  by  a  majority  of  the  people  of  the  United  States,  including 
those  whom  they  most  immediately  affect.  It  now  only  remains  to 
add,  that  no  bill  conflicting  with  these  views,  can  ever  receive  my 
constitutional  sanction.  These  opinions  have  been  adopted  in  the  firm 
belief  that  they  are  in  accordance  with  the  spirit  that  actuated  the 
venerated  fathers  of  the  republic,  and  that  succeeding  experience  has 
proved  them  to  be  humane,  patriotic,  expedient,  honorable,  and  just 
If  the  agitation  of  this  subject  was  intended  to  reach  the  stability  of 
our  institutions,  enough  has  occurred  to  show  that  it  has  signally  fail 
ed  ;  and  that  in  this,  as  in  every  other  instance,  the  apprehensions  of 
the  timid  and  the  hopes  of  the  wicked  for  the  destruction  of  our 
government,  are  again  destined  to  be  disappointed.  Here  and  there, 
indeed,  scenes  of  dangerous  excitement  have  occurred — terrifying 
instances  of  local  violence  have  been  witnessed ;  and  a  reckless  disre 
gard  of  the  consequences  of  their  conduct  has  exposed  individuals  to 
popular  indignation;  but  neither  masses  of  the  people,  nor  sections 
of  the  country,  have  been  swerved  from  their  devotion  to  the  bond  of 
union,  and  the  principles  it  has  made  sacred.  It  will  be  ever  thus. 
Such  attempts  at  dangerous  agitation  may  periodically  return,  but, 
with  each,  the  object  will  be  better  understood.  That  predominating 
affection  for  our  political  system  which  prevails  throughout  our  terri 
torial  limits,  that  calm  and  enlightened  judgment  which  ultimately 
governs  our  people  as  one  vast  body,  will  always  be  at  hand  to  resist 


454  MARTIN    VAN    BUREN. 

and  control  every  effort,  foreign  or  domestic,  'which  aims,  or  would 
lead,  to  overthrow  our  institutions. 

"  What  can  be  more  gratifying  than  such  a  retrospect  as  this  ?  We 
look  back  on  obstacles  avoided,  and  dangers  overcome, — on  expecta 
tions  more  than  realized,  and  prosperity  perfectly  secured.  To  the 
hopes  of  the  hostile,  the  fears  of  the  timid,  and  the  doubts  of  the 
anxious,  actual  experience  has  given  the  conclusive  reply.  We  have 
seen  time  gradually  dispel  every  unfavorable  foreboding,  and  our 
constitution  surmount  every  adverse  circumstance,  dreaded  at  the  out 
set  as  beyond  control.  Present  excitement  will,  at  all  times,  magnify 
present  dangers ;  but  true  philosophy  must  teach  us  that  none  more 
threatening  than  the  past  can  remain  to  be  overcome ;  and  we  ought, 
for  we  have  just  reason,  to  entertain  an  abiding  confidence  in  the 
stability  of  our  institutions,  and  an  entire  conviction  that,  if  adminis 
tered  in  the  true  form,  character  and  spirit,  in  which  they  were 
established,  they  are  abundantly  adequate  to  preserve  to  us  and  our 
children  the  rich  blessings  already  derived  from  them ;  to  make  our 
beloved  land,  for  a  thousand  generations,  that  chosen  spot  where 
happiness  springs  from  a  perfect  equality  of  political  rights. 

"  For  myself,  therefore,  I  desire  to  declare,  that  the  principle  that 
•will  govern  me  in  the  high  duty  to  which  my  country  calls  me,  is  a 
strict  adherence  to  the  letter  and  spirit  of  the  constitution,  as  it  was 
designed  by  those  who  framed  it.  Looking  back  to  it  as  a  sacred 
instrument,  carefully  and  not  easily  framed ;  remembering  that  it  was 
throughout  a  work  of  concession  and  compromise ;  viewing  it  as  limit 
ed  to  national  objects ;  regarding  it  as  leaving  to  the  people  and  the 
states  all  power  not  explicitly  parted  with,  I  shall  endeavor  to  pre 
serve,  protect,  and  defend  it,  by  anxiously  referring  to  its  provisions 
for  direction  in  every  action.  To  matters  of  domestic  concernment 
which  it  has  intrusted  to  the  federal  government,  and  to  such  as  relate 
to  our  intercourse  with  foreign  nations,  I  shall  zealously  devote  my 
self ;  beyond  those  limits  I  shall  never  pass.  *  * 

"  In  receiving  from  the  people  the  sacred  trust  twice  confided  to  my 
illustrious  predecessor,  and  which  he  has  discharged  so  faithfully  and 
so  well,  I  know  that  I  cannot  expect  to  perform  the  arduous  task  with 


OPPOSITION    TO    THE    ABOLITIONISTS.  455 

equal  ability  and  success.  But  united  as  I  have  been  in  his  counsels, 
a  daily  witness  of  his  exclusive  and  unsurpassed  devotion  to  his  coun 
try's  welfare,  agreeing  with  him  in  sentiments  which  his  countrymen 
have  warmly  supported,  and  permitted  to  partake  largely  of  his  confi 
dence,  I  may  hope  that  somewhat  of  the  same  cheering  approbation 
will  be  found  to  attend  upon  my  path.  For  him,  I  but  express,  with 
my  own,  the  wishes  of  all,  that  he  may  yet  long  live  to  enjoy  the 
brilliant  evening  of  his  well-spent  life ;  and  for  myself,  conscious  of 
but  one  desire,  faithfully  to  serve  my  country,  I  throw  myself  without 
fear  on  its  justice  and  kindness.  Beyond  that,  I  only  look  to  the 
gracious  protection  of  the  Divine  Being  whose  strengthening  support 
I  humbly  solicit,  and  whom  I  fervently  pray  to  look  down  upon  us 
all.  May  it  be  among  the  dispensations  of  his  providence  to  bless  our 
beloved  country  with  honors  and  with  lerfgth  of  days ;  may  her  ways 
be  ways  of  pleasantness,  and  all  her  paths  be  peace !" 

It  will  be  seen  that  the  subject  of  the  abolition  of 
slavery  constituted  an  important  feature  in  the  inau 
gural  address.  The  agitation  of  this  question  had 
commenced  in  1834-5  in  the  northern  states.  Mr. 
Van  Buren  and  his  friends  in  New  York  had,  from 
the  first,  set  their  faces  steadily  against  the  movement. 
He  deprecated  the  excitement  as  being  likely  to  lead 
to  sectional  animosities  which  would  disturb  the  peace 
and  tranquillity  of  the  union.  While  a  candidate  for 
the  presidency  in  1836,  he  declared  himself,  in  reply 
to  numerous  inquiries,  unequivocally  and  unalterably 
opposed  to  the  anti-slavery  agitation  ;  and  while  he 
felt  bound  to  admit  that  Congress  possessed  the  power 
of  abolishing  slavery  in  the  District  of  Columbia,  which 
the  abolitionists  were  then  striving  to  accomplish,  he 
said  that,  in  his  opinion,  there  were  objections  to  the 


456  MARTIN    VAN    BUREN. 

exercise  of  that  power  as  imperative  in  their  nature 
and  obligation  "  as  the  most  palpable  want  of  constitu 
tional  power  would  be."  *  Wisely,  therefore,  with  a 
view  of  preventing  the  further  spread  of  the  excite 
ment,  and  of  quieting  the  fears  of  his  republican 
friends  at  the  south  who  had  so  generously  and  so 
warmly  supported  him  during  the  recent  canvass,  he 
pledged  himself  on  the  threshold  of  his  administration 
not  to  countenance  in  aught  the  designs  of  the  aboli 
tionists. 

From  the  tone  of  his  inaugural  address,  from  his  in 
timacy  with  General  Jackson  and  his  well-known  ap 
proval  of  the  leading  measures  of  the  late  administra 
tion,  the  inference  was  irresistible,  that  Mr.  Van  Buren 
designed  to  carry  out  the  same  policy  which  had  been 
pursued  by  his  distinguished  friend  and  predecessor. 
Had  he  not  expressed  himself  so  fully  on  this  point, 
the  conclusion  would  have  been  a  natural  one  ;  espe 
cially  when  it  was  seen  that  he  continued  in  office  the 
cabinet  advisers  of  General  Jackson. 

Mr.  Van  Buren  was  fortunate  indeed  in  being  sur 
rounded  by  counsellors  so  able  and  distinguished  on  his 
first  advent  to  power.  At  the  head  of  the  state  depart 
ment  was  his  old  and  tried  friend,  the  chivalric,  accom 
plished  and  talented  John  Forsyth ;  Levi  Woodbury, 
the  able  lawyer,  the  cool-headed  statesman,  and  the 
skilful  financier,  presided  over  the  destinies  of  the 
Treasury ;  Joel  R.  Poinsett,  eminent  both  as  a  scholar 
*  Letter  to  the  citirena  of  Jackson,  North  Carolina,  March  6,  1836. 


TBE    SURPLUS    REVENUE.  457 

and  politician,  was  selected  to  take  charge  of  the  war 
department  recently  vacated  by  the  appointment  of 
Governor  Cass  as  minister  to  France ;  Mahlon  Dicker- 
son,  for  many  years  the  sagacious  and  high-minded  sen 
ator  from  New  Jersey,  was  the  secretary  of  the  navy ; 
Amos  Kendall,  the  shrewd  and  forcible  political  writer, 
was  the  postmaster-general ;  and  Benjamin  F.  Butler, 
the  pupil,  law-partner  and  protege  of  the  new  presi 
dent,  filled  the  office  of  attorney-general.  With  such 
men  to  counsel  and  advise,  had  Mr.  Van  Buren  pos 
sessed  a  bare  tithe  of  the  talents  which  were  really  his 
own,  he  could  scarcely  have  failed  to  conduct  his  ad 
ministration  creditably  and  respectably,  if  not  safely, 
through  the  trials  and  difficulties,  the  dangers  and  em 
barrassments,  which  constantly  beset  it  from  its  begin 
ning  to  its  close. 

The  fourth  of  March,  1837,  was  a  bright  and  beau 
tiful  day ;  and  if  the  natural  world  ever  sympathized 
with  the  pursuits  and  interests,  the  hopes  and  desires, 
of  those  who  inhabit  it,  this  might  have  been  deemed 
a  favorable  augury  for  the  new  administration.  Pros 
perity  smiled  on  every  hand,  and  happiness  beamed  in 
every  countenance.  But  the  former  was  unreal,  and 
the  latter,  of  course,  evanescent.  The  bitter  conse 
quences  of  the  high  tariff  policy  were  now  apparent. 
A  vast  surplus  of  revenue  had  accumulated  under  the 
law  of  1828  and  the  compromise  act,  which  large  ex 
penditures  had  failed  to  absorb.  Divided  among  the 
state  banks  selected  as  the  depositories  of  the  public 

20 


458  MARTIN    VAN    BUREN. 

treasure,  it  became  the  basis  of  discounts  to  be  counted 
only  by  millions.  The  expansion  of  the  circulating 
medium  was  as  rapid  as  the  inflation  of  a  balloon. 
Banking  accommodations  were  furnished  liberally,  in 
many  cases  lavishly.  Money  was  no  more  plenty  than 
it  had  been,  but  the  country  was  flooded  with  a  paper 
currency.  Credit  was  substituted  for  money, — the 
mere  representative  of  money  was  mistaken  for  money 
itself. 

Every  one  thought  he  was  becoming  richer,  and  as 
the  volume  of  the  currency  enlarged,  his  ideas  ex 
panded.  A  mad  spirit  of  speculation  was  the  result. 
An  unwonted  energy — not  the  vigor  of  health,  but  the 
fiery  vehemence  of  fever — was  infused  into  every  de 
partment  of  business.  Cautious  and  far-seeing  men 
looked  on  with  doubt  and  trembling  as  they  saw  this 
strange  delusion  running  riot  through  the  land.  Con 
gress  hastened  to  remedy  the  evil,  and  in  1836  the  sur 
plus  was  directed  to  be  distributed  among  the  states. 
Mr.  Van  Buren  was  opposed  to  this  law,  and  his  inti 
mate  friends  in  the  Senate,  Mr.  Wright  and  Mr.  Ben- 
ton,  predicted  that  it  would  have  the  effect  which  was 
soon  witnessed.  As  the  basis  of  the  credit  system  was 
withdrawn  the  banks  curtailed  their  discounts.  The 
day  of  payment  came — the  delusion  was  over — and 
paper  was  no  longer  money  ! 

Within  less  than  two  months  after  the  inauguration 
of  Mr.  Van  Buren  the  reaction  took  place.  It  could 
not  be  otherwise  than  terrible ;  but  it  stunned  more 


THE    PRESSURE.  459 

than  it  astonished, — it  bewildered  rather  than  sur 
prised.  The  calamity  was  a  national  one,  and  it  was 
not  unnatural  that  government  should  be  looked  to  for 
relief.  The  merchants  and  principal  business  men  of 
the  chief  commercial  city  of  the  union  earnestly  ap 
pealed  to  the  president  to  rescind  the  specie  circular, 
to  extend  the  time  of  payment  on  duty  bonds,  and  to 
call  an  extra  session  of  Congress.  The  requested  for 
bearance  was  granted  without  hesitation;  but  the 
specie  circular,  originally  designed  to  check  the  insane 
speculation  in  the  public  lands,  seemed  to  Mr.  Van 
Buren  to  be  particularly  necessary  now  in  order  to 
protect  the  government  against  the  impending  failure 
of  the  banks ;  and  the  exigencies  of  the  country  did 
not  seem  to  require  a  special  convocation  of  the  na 
tional  legislature. 

When  the  decision  of  the  president  was  made 
known  the  banks  suspended  specie  payments,  and  in 
the  month  of  May  the  pressure  of  1837  was  at  its 
height.  The  real  worth  of  the  paper  currency  was 
now  tested.  It  was  found  to  be  inconvertible  into 
gold  and  silver,  and  instantly  fell,  by  a  sudden  depre 
ciation,  at  least  ten  per  cent,  below  the  nominal  value. 
The  prices  of  everything  shared  the  same  fortune; 
disaster  and  ruin  stared  every  one  in  the  face;  and  the 
government  itself  was  threatened  with  bankruptcy. 
Mr.  Van  Buren  and  his  cabinet  immediately  decided 
upon  calling  Congress  together,  and  on  the  15th  of 
May  the  executive  proclamation  was  issued. 


460  -  MARTIN    VAN    BUREN. 

The  state  bank  deposit  system  had  palpably  failed, 
and  the  incorporation  of  a  national  bank  as  the  fiscal 
agent  of  the  treasury,  was  out  of  the  question,  since 
Mr.  Van  Buren  and  his  party  were  pledged  against  it. 
In  examining  his  position,  however,  he  found  that  a 
graver  principle  was  involved  than  a  choice  between 
two  systems,  one  of  which  had  been  discarded  on 
constitutional  grounds,  and  the  other  had  just  demon 
strated  its  incompetency.  He  was  called  upon  to 
decide  whether  or  no  the  connection  between  bank 
and  state,  which  had  been  severed  by  the  suspension, 
should  be  again  renewed.  To  his  mind,  an  entire 
separation  seemed  to  be  more  consistent  with  the  con 
stitution,  and  with  the  doctrines  of  the  old  republican 
school;  and  he  determined,  therefore,  to  recommend 
that  the  public  treasure  of  the  nation  should  be  kept 
by  its  own  officers,  and  that  henceforward  there  should 
be  no  connection  between  the  business  and  funds  of 
the  government  and  those  of  the  banks.  He  foresaw 
that  he  should  encounter  opposition,  not  only  among 
the  members  of  the  powerful  party  arrayed  against  the 
previous  administration,  but  among  his  own  political 
friends ;  but  he  never  doubted  that  "  the  sober  second 
thought  of  the  people," — to  use  his  own  happy  ex 
pression, — would  do  him  justice  in  the  end.  "  We  can 
not  know,"  said  he  to  a  friend,  when  about  preparing 
his  first  message  recommending  the  divorce  of  bank 
and  state,  "  how  the  immediate  convulsion  may  result, 
but  the  people  will,  at  all  events,  eventually  come  right, 


OPPOSITION    OF    THE    CONSERVATIVES.  461 

and  posterity  at  least  will  do  me  justice.  Be  the  present 
issue  for  good  or  for  evil,  it  is  for  posterity  that  I  will 
write  this  message." 

Some  weeks  previous  to  the  assembling  of  Congress, 
the  plan  of  an  independent  treasury  was  foreshadowed 
in  some  articles  written  by  Silas  Wright,  then  a  sena 
tor  in  Congress  from  New  York,  and  a  confidential 
friend  of  Mr.  Van  Buren,  which  were  originally  pub 
lished  in  the  St.  Lawrence  Republican,  but  generally 
copied  by  the  democratic  papers.  The  public,  there 
fore,  were  scarcely  surprised,  to  find  the  subject  oc 
cupying  so  prominent  a  place  in  the  message  of  the 
president,  delivered  at  the  extra  session  commencing 
on  the  4th  of  September. 

A  powerful  opposition  was  offered  to  the  independent 
treasury  plan,  as  recommended  by  Mr.  Van  Buren.  A 
bill  framed  in  accordance  with  his  views  was  intro 
duced  into  the  Senate  by  Mr.  Wright,  but  the  whig 
senators  attacked  it  with  unsparing  vehemence.  Mr. 
Rives,  of  Virginia,  and  Mr.  Tallmadge,  the  other  sen 
ator  from  New  York,  also  united  with  them  in  de 
nouncing  it,  and  earnestly  advocated  the  continuance 
of  the  state  banks  as  the  depositories  of  the  public 
money.  But,  on  the  other  hand,  the  administration 
received  the  powerful  support  of  Mr.  Calhoun  and  his 
friends,  who  had  hitherto  acted  with  the  opposition  on 
the  currency  question,  but  now  took  ground  in  support 
of  Mr.  Van  Buren. 

The  incorporation  of  a  national  bank  was  a  question 


462  MARTIN    VAN    BUREN. 

not  much  mooted,  and  the  antagonist  proposition  to 
the  independent  treasury  was  the  special  deposit  sys 
tem.  The  chief  advocates  of  the  latter  were  the  con 
servatives,  as  Messrs.  Rives  and  Tallmadge,  and  the 
members  of  the  House  who  followed  their  lead  were 
termed ;  but  the  whigs  generally  voted  with  them, 
though  they  probably  preferred  a  national  bank. 

Nominally,  the  administration  had  a  majority  in 
both  houses  of  Congress.  In  the  Senate  the  indepen 
dent  treasury  bill  was  sustained,  but  it  was  defeated 
in  the  lower  house  by  the  votes  of  the  whigs  and  con 
servatives.  Congress  now  adjourned  without  having 
done  anything  toward  allaying  the  excitement  pre 
vailing  throughout  the  country,  and  the  elections 
which  took  place  this  fall  resulted  adversely  to  the 
administration.  The  state  bank  interest,  from  being 
partially  or  positively  attached  to  Mr.  Van  Buren,  had 
become  decidedly  hostile,  and  continued  to  be  so  while 
he  remained  at  the  head  of  the  nation. 

In  his  annual  messages,  in  December  1837  and 
1838,  at  the  two  regular  sessions  of  the  25th  Congress, 
the  president  again  and  again  recommended  the  inde 
pendent  treasury  and  the  separation  of  bank  and  state, 
but  no  law  was  passed.  In  1838,  the  elections  took  a 
more  favorable  turn ;  a  majority  of  the  members  of 
the  26th  Congress  were  decided  friends  of  Mr.  Van 
Buren;  and  at  the  first  regular  session  a  law  was 
finally  passed  providing  for  the  independent  treasury, 
and  was  approved  and  signed  by  him  on  the  4th  day 


MANAGEMENT    OP    THE    FOREIGN    RELATIONS.       463 

of  July,  1840.  This  law  was  repealed  in  the  following 
year,  but  was  reen acted  at  the  first  session  of  the  29th 
Congress,  and  seems  now  to  be  the  permanently  estab 
lished  policy  of  the  country.  Experience  has  demon 
strated  that  the  fears  of  the  state  banks,  in  regard  to 
its  supposed  injurious  effects  upon  their  business,  were 
not  well  founded,  and  that  powerful  interest  would  ap 
pear  to  have  at  length  acquiesced  in  the  adoption  of 
the  system. 

The  divorce  of  bank  and  state,  with  which  the 
name  of  Mr.  Van  Buren  will  be  ever  identified,  was 
the  great  measure  of  his  administration ;  and  it  will 
not  be  possible  in  a  work  of  this  character  to  do  more 
than  glance  at  its  other  prominent  incidents. 

Among  the  measures  which  he  recommended  were 
a  bankrupt  law  applicable  to  banks  and  bankers,  a 
preemption  law,  and  the  cession  of  the  public  lands  to 
the  states.  No  bankrupt  law  was  enacted  during  his 
administration,  but  the  preemption  system  which  he 
recommended  was  approved  by  Congress,  and  a  bill 
passed  in  both  houses. 

In  the  management  of  the  foreign  relations  of  the 
country,  Mr.  Van  Buren  displayed  great  prudence  and 
discretion,  together  with  proper  firmness  and  inde 
pendence.  He  obtained  indemnities  for  spoliations 
from  Mexico,  Great  Britain,  Texas  and  Holland ;  and, 
under  his  auspices,  important  commercial  treaties  were 
concluded  with  the  Peru-Bolivian  Confederation,  and 
with  Holland,  Greece,  Sardinia,  Ecuador  and  Bel- 


464  MARTIN    VAN    BUREN. 

gium.  In  the  summer  of  1837,  the  authorities  of 
Texas,  in  conformity  to  a  vote  taken  among  the 
citizens  of  the  young  republic,  proposed  to  annex  that 
country  to  the  United  States.  This  proposition  was 
declined  by  Mr.  Van  Buren,  for  these  reasons :  be 
cause,  in  his  judgment,  the  acknowledgment  of  the 
independence  of  Texas,  previously  made  by  the  United 
States,  only  admitted  her  separate  existence  as  a 
government  de  facto  and  not  de  jure ;  because,  while 
a  state  of  war  continued  between  her  and  Mexico — 
the  United  States  continuing  at  peace  with  the  latter 
power — the  question  of  war  with  Mexico  would  be 
necessarily  involved  in  the  annexation ;  and  because 
the  conditions  of  the  existing  treaty  of  amity  and  peace 
ought  to  be  scrupulously  observed,  so  long  as  Mexico 
performed  her  duties,  and  respected  the  rights  of  the 
United  States. 

In  1837  a  civil  war  broke  out  in  Canada  between 
the  "  patriots,"  so  called,  on  the  one  hand,  and  the 
loyalists,  supported  by  the  British  authorities,  on  the 
other.  The  preservation  of  strict  neutrality  was  a 
matter  attended  with  great  difficulty,  especially  for  the 
reason  that  there  were  many  of  our  people  who  heartily 
sympathized  with  the  cause  of  the  "  patriots,"  and  on 
account  of  a  pending  dispute  between  Great  Britain 
and  the  United  States  with  reference  to  the  north 
eastern  boundary  of  the  state  of  Maine,  which  had 
very  much  inflamed  the  minds  of  the  inhabitants  in 
that  quarter.  The  course  pursued  by  Mr.  Van  Buren 


RE-NOMINATION    AND    DEFEAT.  465 

was  in  harmony  with  the  tone  of  executive  action 
throughout  his  administration.  He  was  firm  and  de 
cided  in  maintaining  the  laws,  even  though,  by  so  do 
ing,  he  alienated  from  him  the  sympathizers  upon  the 
frontier,  and  thus  lost  the  support  and  the  vote  of  his 
own  state.  But  at  the  same  time  he  was  equally  firm 
in  defending  the  national  honor  and  dignity,  and  amid 
the  multiplied  embarrassments  that  seemed  to  thicken 
around  him  at  every  step,  he  bore  himself  as  became 
the  chief  magistrate  of  a  free  people. 

In  May,  1840,  Mr.  Van  Buren  was  unanimously 
nominated  for  reelection  at  a  national  democratic  con 
vention  held  in  the  city  of  Baltimore.  The  candidate 
of  the  opposition  was  William  Henry  Harrison  of  Ohio. 
The  canvass  was  spirited  beyond  parallel,  and  Mr.  Van 
Buren  was  warmly,  and  in  many  respects  most  un 
justly,  assailed.  The  result  of  the  election  was  hardly 
a  matter  of  doubt.  What  with  the  defection  of  the 
conservatives,  the  opposition  of  the  friends  of  the  Ca 
nadian  patriots  and  the  state  bank  interest,  and  the 
positive  ill-will  of  the  abolitionists,  who  were  dissatis 
fied  with  the  pledges  given  at  the  time  of  his  inaugu 
ration  and  while  he  was  a  candidate,  the  party  of  which 
he  was  the  head  was  considerably  reduced  in  numbers. 
The  accession  of  the  State  Rights  men  headed  by  Mr. 
Calhoun  did  not  make  up  for  what  had  been  lost.  Be 
sides,  the  opposition  party  had  a  great  advantage. 
They  were  composed  of  the  most  uncongenial  elements, 
but  the  very  diversity  of  sentiment  only  made  them 
20* 


30 


466  MARTIN    VAN    BUREN. 

stronger  when  they  were  out  of  office.  They  were 
contending  for  the  spoils  of  victory,  and  their  aims  and 
interests  did  not  clash  till  these  came  to  be  divided. 

The  various  combinations  arrayed  in  opposition  to 
Mr.  Van  Buren  were  successful  in  procuring  his  de 
feat  and  the  election  of  General  Harrison.  The  former 
received  the  votes  of  New  Hampshire,  Virginia,  South 
Carolina,  Alabama,  Illinois,  Missouri,  and  Arkansas, 
making  sixty  in  all,  while  two  hundred  and  thirty-four 
were  given  to  his  opponent. 

Shortly  after  the  inauguration  of  his  successor,  Mr. 
Van  Buren  returned  to  his  native  state,  and  was  wel 
comed  on  his  arrival  at  the  city  of  New  York  in  the 
midst  of  a  severe  storm  of  wind  and  rain,  by  a  large 
concourse  of  his  democratic  friends  who  had  faithfully 
adhered  to  him  in  prosperity  and  were  the  last  to  de 
sert  him  at  such  an  hour.  His  reception  was  more 
than  cordial ;  it  was  deeply  affectionate,  and  made  a 
profound  impression  upon  his  mind. 

Having  purchased  the  mansion  and  estate  belonging 
to  the  late  Judge  Van  Ness,  about  two  miles  south  of 
the  village  of  Kinderhook,  to  which  he  has  given  the 
name  of  Lindenwald  in  allusion  to  the  noble  linden 
trees  amid  which  the  dwelling  is  imbosomed,  Mr.  Van 
Buren  retired  hither  to  spend  the  remainder  of  his  days 
among  his  family  connections  and  friends.  It  was  his 
intention  that  this  retirement  should  be  final,  and  he 
was  only  prevented  from  announcing  his  determination 
to  that  effect  by  the  urgent  entreaties  of  his  intimate 


HIS    VIEWS    ON    THE    ANNEXATION    OF    TEXAS.      467 

political  friends.  They  conceived  that  he  had  been 
unfairly  defeated  in  1840,  and  were  desirous  that  he 
should  be  the  standard-bearer  of  his  party  through 
another  campaign.  To  these  pressing  solicitations 
he  so  far  yielded  as  to  permit  the  use  of  his  name  in 
connection  with  the  candidatecy.  Early  in  1843  six 
teen  states  besides  New  York  had  declared  in  his  favor 
as  the  presidential  candidate  in  1844,  and  the  demo 
crats  of  his  own  state  then  united  most  heartily  in 
what  seemed  to  be  so  general  an  expression. 

But  a  new  issue  was  now  presented.  Under  the 
administration  of  Mr.  Tyler  a  treaty  had  been  con- 
eluded  providing  for  the  annexation  of  Texas.  Pend 
ing  the  agitation  and  discussion  of  this  question  the 
opinions  of  the  two  prominent  candidates  for  the  next 
presidency,  Mr  .Van  Buren  and  Mr.  Clay,  were  elicited 
in  reply  to  letters  addressed  to  them.  Both  expressed 
themselves  in  favor  of  the  acquisition  of  Texas,  if  the 
American  people  desired  it,  provided,  however,  that 
the  consent  of  Mexico  should  first  be  obtained,  or,  at 
least,  that  efforts  should  be  made  to  procure  it.  One 
of  the  principal  reasons  urged  by  Mr.  Tyler  and  his 
friends  for  the  annexation,  was  the  security  of  the  slave- 
holding  interest  of  the  south  against  the  designs  of 
British  abolitionists  who  were  understood  to.be  seeking 
to  gain  a  foothold  in  Texas.  Neither  Mr.  Van  Buren 
nor  Mr.  Clay  objected  to  the  annexation  on  account 
of  the  slavery  question  thus  connected  with  it. 

The  views  of  Mr.  Clay  were  satisfactory  to  a  ma- 


468  MARTIN    VAN    BUEEN. 

jority  of  his  party  friends,  and  he  was  put  in  nomina 
tion  ;  but  the  democratic  members  of  Congress  were 
generally  in  favor  of  the  immediate  annexation  of 
Texas,  and  through  their  influence  the  national  demo 
cratic  convention,  which  met  at  Baltimore  in  May, 
1844,  decided  adversely  to  Mr.  Van  Buren.  A  vote 
of  two  thirds  was  required  to  make  a  nomination.  Mr. 
Van  Buren  received  a  large  plurality  of  the  votes  on 
several  ballotings,  but  his  friends  were  finally  induced, 
under  the  persuasion  that  he  could  not  be  nomina 
ted,  to  surrender  their  preferences  and  to  support  Mr. 
Polk,  who  was  duly  declared  to  be  the  candidate  of 
the  convention. 

Although  the  convention  concluded  to  take  up  a 
new  candidate,  Mr.  Van  Buren  was  by  no  means  for 
gotten.  "No  one  who  was  present  on  that  occasion  is 
likely  ever  to  forget  the  torrent  of  enthusiasm  by 
which  every  individual  was  hurried  away,  on  the  first 
mention  of  his  name  after  the  completion  of  the  nomi 
nation,  when  the  whole  body  rose,  amidst  the  waving 
of  handkerchiefs,  and  cheers  whose  uproar  seemed 
destined  never  to  subside."*  Among  the  resolutions, 
too,  was  one  declaring  "  that  this  convention  hold  in 
the  highest  estimation  and  regard  their  illustrious  fellow- 
citizen,  Martin  Van  Buren,  of  New  York ;  that  we 
cherish  the  most  grateful  and  abiding  sense  of  the  abil 
ity,  integrity  and  firmness,  with  which  he  discharged 
the  duties  of  the  high  office  of  President  of  the  United 

*  Democratic  Review,  July,  1844. 


DECLINES    ENGLISH    MISSION. 


469 


States  ;  and  especially  of  the  inflexible  fidelity  with 
which  he  maintained  the  true  doctrines  of  the  consti 
tution  and  the  measures  of  the  democratic  party,  du 
ring  his  trying  and  nobly  arduous  administration;  that 
in  the  memorable  struggle  of  1840  he  fell  a  martyr  to 
the  great  principles  of  which  he  was  the  worthy  rep 
resentative,  and  we  revere  him  as  such  ;  and  that  we 
hereby  tender  to  him,  in  his  honorable  retirement,  the 
assurance  of  the  deeply  seated  confidence,  affection 
and  respect  of  the  American  Democracy." 

The  friends  of  Mr.  Van  Buren  in  the  state  of  New 
York  were  undeniably  much  chagrined  at  the  result  in 
the  Baltimore  Convention.  Not  so  with  him.  Possess 
ing  a  rare  equanimity,  that  mere  political  disappoint 
ments  could  never  disturb,  he  cordially  acquiesced  in 
the  decision  of  the  convention.  He  not  only  support 
ed  the  nominations  himself,  but  through  his  influence 
many  who  had  freely  expressed  their  dissatisfaction, 
were  ultimately  induced  to  sustain  the  democratic 
candidates.  Having  contributed  by  his  vote  to  the 
election  of  Mr.  Polk,  he  was  friendly  to  his  adminis 
tration  ;  and  the  former  signified  his  regard  for  his 
distinguished  predecessor  by  tendering  to  him  the 
mission  to  England — the  settlement  of  the  Oregon 
question  being  particularly  in  view — but  he  declined 
to  accept  it.  In  regard  to  the  war  with  Mexico,  Mr. 
Van  Buren  regarded  it  as  the  direct  consequence  of 
the  annexation  of  Texas,  but  after  hostilities  had  once 
commenced,  he  favored  its  vigorous  prosecution. 


470  MARTIN    VAN    BUREN. 

Meanwhile  the  democratic  party  in  the  state  of  New 
York,  which  Mr.  Van  Buren  had  left  strong  and 
united,  had  separated  into  two  factions,  known  as 
conservatives  or  hunkers,  and  radicals  or  barnburners. 
Originally  they  had  divided  upon  questions  of  state 
policy  which  were  disposed  of  by  the  amended  con 
stitution  of  1846,  though  among  the  conservatives 
there  were  many  who  had  opposed  the  independent 
treasury  or  only  supported  it  as  a  party  measure. 
Mr.  Van  Buren's  sympathies  and  prepossessions  were 
probably  with  the  radicals,  or  barnburners,  from  the 
first,  but  he  kept  entirely  aloof  from  state  politics,  and 
was  not  positively  identified  with  either  till  the  sum 
mer  of  1848.  A  new  issue  was  then  presented,  upon 
which  the  two  factions  took  sides.  By  the  treaty  of 
Guadalupe,  which  terminated  the  war  with  Mexico, 
a  large  tract  of  territory  was  added  to  the  United 
States.  In  view  of  this  acquisition  efforts  had  been 
made  in  Congress,  at  every  session  since  that  at  which 
the  existence  of  the  war  was  declared,  in  1845-6,  to 
procure  the  absolute  prohibition  of  domestic  slavery 
in  the  territory  thus  acquired.  The  barnburners  of 
New  York  generally  favored  this  movement,  and  Mr. 
Van  Buren,  as  he  had  approved  of  the  resolutions  of 
the  New  York  Legislature  in  1820,  involving  the  same 
principle,  also  approved  it.  They  have  subsequently 
taken  ground  to  a  considerable  extent  in  favor  of  the 
abolition  of  slavery  in  the  District  of  Columbia.  The 
sentiments  of  Mr.  Van  Buren  in  regard  to  this  extreme 


THE    FREE-SOIL    CANDIDATE.  471 

position  have  never  been  made  known.  In  all  his 
public  action  he  has  steadily  adhered  to  the  doctrine 
of  non-interference  entertained  by  most  northern 
democratic  politicians ;  and  if  he  has  departed  from 
it,  the  reason  may  possibly  be  found  in  the  position 
assumed  at  the  time  of  the  conclusion  of  the  Tyler 
treaty  and  afterward,  that  the  annexation  was  neces 
sary  for  the  security  of  the  slave  interest,  thus  making 
that  institution  the  object  of  national  protection,  in 
stead  of  considering  it  as  being  strictly  the  subject  of 
state  regulation.  Us> 

The  hunker  and  barnburner  factions  each  styled 
themselves  the  democratic  party  of  the  state,  and  each 
selected  a  full  set  of  delegates  to  represent  them  in  the 
National  Convention  held  at  Baltimore,  in  May,  1848. 
The  convention  refused  to  decide  between  them,  but 
resolved  to  admit  both  delegations.  The  barnburners 
then  withdrew  in  a  body,  and  returned  home.  On 
the  22d  of  June  following  a  convention  of  that  faction 
was  held  at  Utica,  over  which  the  veteran  Samuel 
Young  presided)  to  hear  the  report  of  their  delegates. 
This  body  decided  that  they  were  not  bound  by  the 
decisions  or  nominations  of  the  Baltimore  Convention, 
and  insisted  that  their  delegates  were  excluded  by 
reason  of  their  course  in  regard  to  the  prohibition  of 
slavery  in  the  territory  acquired  from  Mexico.  Simi 
lar  sentiments  were  expressed  in  a  letter  addressed  by 
Mr.  Van  Buren  to  the  delegation  from  the  city  of 
New  York,  and  he  was  nominated  by  acclamation, 


472  MARTIN    VAN    BUREN. 

against  his  declared  wishes,  as  an  independent  demo 
cratic  candidate. 

Both  the  two  great  parties  at  the  north  were  dis 
satisfied  with  their  candidates.  General  Cass,  the 
nominee  of  the  democratic  party,  held  to  the  doctrine 
of  non-interference ;  and  General  Taylor,  the  whig 
candidate,  was  perfectly  non-committal.  Under  these 
circumstances  many  of  the  prominent  friends  of  the 
slavery  prohibition  in  the  northern  states  procured  the 
assembling  of  a  convention  at  Buffalo,  on  the  9th  of 
August,  which  was  numerously  attended  by  delegates 
representing  all  the  free  states.  This  body  was  com 
posed  of  whigs,  democrats,  and  abolitionists,  and  they 
termed  themselves,  with  reference  to  the  subject  which 
had  led  to  their  political  union,  "  free-soilers."  At 
this  convention  Mr.  Van  Buren  was  again  nominated 
for  the  presidency,  and  Charles  F.  Adams,  of  Massa 
chusetts,  a  son  of  the  late  John  Quincy  Adams,  was 
nominated  for  vice-president. 

Mr.  Van  Buren  neither  declined  the  nomination  of 
the  free-soilers,  nor  did  he  signify  his  acceptance,  and 
thus  approve  of  all  the  resolutions  adopted  by  them 
in  convention.  In  a  political  point  of  view  the  barn 
burner  friends  of  Mr.  Van  Buren  committed  a  great 
mistake  in  going  into  convention  at  Buffalo.  If  the 
object  was  to  build  up  a  northern  party,  it  was  both 
reprehensible  and  impossible ;  and  on  the  other  hand, 
if  the  movement  was  designed  to  be  but  temporary, 
and  the  barnburners  looked  forward  to  a  reunion  with 


PRESIDENTIAL    ELECTION.  473 

the  hunkers,  it  was  certainly  ill-advised,  as  subsequent 
events  have  shown.  The  true  position  of  Mr.  Van 
Buren's  friends  was,  to  support  him  as  an  independent 
democratic  candidate,  for  the  radical  faction  was  no 
doubt  much  the  larger  and  more  powerful  of  the  two, 
in  the  spring  and  summer  of  1848;  but  in  the  city 
of  New  York,  and  the  river  counties,  thousands  of 
radicals  were  driven  to  the  support  of  the  Baltimore 
nominations,  because  of  their  hatred  of  a  coalition 
with  the  whigs  and  abolitionists.  Mr.  Van  Buren 
received  but  few  votes,  comparatively,  from  any  other 
party  or  faction  except  the  barnburners.  In  the  slate 
of  New  York  he  more  than  divided  the  old  democratic 
vote  with  General  Cass,  his  majority  over  the  Balti 
more  nominee  being  about  six  thousand.  About  two 
hundred  and  ninety  thousand  votes  were  cast  for  Mr. 
Van  Buren  and  Mr.  Adams  in  the  Union  at  large- — 
mostly  in  New  York,  Ohio,  and  Massachusetts — but 
they  did  not  receive  a  single  electoral  vote. 

The  election  in  its  progress  never  disquieted  Mr. 
Van  Buren,  and  its  result  occasioned  neither  disap 
pointment  nor  chagrin.  He  appears  throughout  to 
have  been  the  passive  instrument  in  the  hands  of  his 
old  and  devoted  friends,  whose  wishes  he  could  not 
disregard,  and  probably  felt  himself  compelled  by  the 
force  of  circumstances  to  acquiesce  in  the  course  they 
saw  fit  to  adopt. 

Since  the  presidential  election  in  1848,  Mr.  Van 
Buren  has  continued  as  before,  in  dignified  retirement 


474  MARTIN    VAN    BUKEN. 

at  Lindenwald ;  occasionally  venturing  forth  to  visit 
his  sons  in  New  York  or  Albany,  or  the  attached 
friends  whose  esteem  has  ripened  into  devotion ;  but 
enjoying  far  more  the  rural  pursuits  and  occupations 
that  enliven  the  happy  quiet  of  his  peaceful  and 
beautiful  home.  Here,  reclining  upon  the  abundant 
harvest  of  honors  which  he  has  gathered,  and  sur 
rounded  by  ease  and  contentment,  by  books,  by  the 
relatives  and  friends  whose  society  he  prizes,  by  every 
thing  that  wealth  or  taste  can  summon  to  minister  to 
his  felicity,  his  days  glide  smoothly  and  majestically 
on,  like  the  full-orbed  sun  to  his  setting. 

In  person,  Mr.  Van  Buren  is  about  the  medium 
height.  His  form  is  erect,  and  until  he  had  passed 
middle  life  was  slender ;  but  it  is  now  inclined  to  cor 
pulency.  His  hair  was  originally  of  a  light  sandy 
color,  but  the  frosts  of  advancing  age  have  settled 
upon  it.  Yet,  while  his  locks  are  whitened,  the  fire  of 
his  expressive  eye  remains  undimmed.  His  features 
are  full  of  animation ;  the  kindly  smile,  that  has  so 
often  charmed  admiring  juries  and  listening  senates, 
still  lingers  upon  his  countenance,  and  his  broad  ex 
pansive  forehead  is  still  the  home  of  high  thought  and 
intelligence. 

His  character  and  his  life  are  simple.  Temperate 
and  industrious  in  his  habits,  he  enjoys  excellent 
bodily  health.  When  at  home,  his  time  is  pleasantly 
varied  between  reading  and  writing,  overseeing  the 
labor  on  his  farm  or  in  his  garden,  and  visiting  his 


APPEARANCE  AND  CHARACTER.         475 

nearest  neighbors.  He  is  fond  of  riding,  too,  and  un 
less  report  belies  him,  an  ardent  admirer  of  the  gentle 
craft  which  Izaak  Walton  loved  so  well.  In  all  the 
social  relations  his  duty  has  been,  if  that  were  possible, 
even  more  than  fulfilled.  His  private  life  is  without 
spot.  As  son,  as  husband,  as  father,  and  as  friend,  his 
character  furnishes  a  good  example.  Kindness  and 
benevolence  are  traits  which  he  has  often  exhibited. 
The  constancy  of  his  attachments,  and  his  fidelity  to 
his  friends,  have  become  proverbial. 

His  manners  are  attractive,  calm,  polished  and  gen 
tlemanlike.  There  is  a  winning  charm  about  them 
which  it  is  difficult  to  resist.  His  equanimity  and  his 
regard  for  decorum,  also,  are  qualities  which  in  others 
have  been  rarely  excelled. 

Like  his  manners,  his  oratory  is  graceful  and  per 
suasive.  His  voice  has  a  deep  and  melodious  cadence 
that  falls  charmingly  upon  the  ear.  Never  at  a  loss 
for  words  or  ideas,  his  elocution  is  easy  and  rapid. 
He  is  not  passionless,  but  having  entire  command  of 
his  passions,  he  is  a  complete  master  of  the  art  of  per 
suasion.  He  never  attempts  any  rhetorical  flights,  to 
fall  back  below  mediocrity,  but  his  eloquence  is  even 
and  sustained.  In  conversation  he  is  particularly  in 
teresting,  and  his  voice  and  features  vary  with  his 
themes — "  from  grave  to  gay,  from  lively  to  serene." 

As  a  writer,  his  style  is  not  always  pure  or  correct, 
but  it  is  bold  and  vigorous  ;  sometimes  diffuse,  but 
generally  compact.  In  his  reported  speeches  the  sen- 


476  MARTIN    VAN    BUREN. 

tences  often  appear  involved,  or  to  have  been  loosely 
constructed,  but  his  messages  and  state  papers  will 
compare  favorably  with  those  of  the  distinguished  men 
who  have  occupied  the  same  high  position. 

A  mind  and  judgment  express  and  well  balanced, 
great  prescience,  quickness  of  perception,  firmness, 
caution,  discretion,  happy  powers  of  combination  and 
reflection,  are  his  prominent  intellectual  traits.  He 
possesses  sensibility,  but  he  is  not  imaginative ;  on  the 
contrary,  a  sort  of  practical  spirit  seems  to  pervade 
all  the  operations  of  his  mind. 

His  character  as  a  politician  has  been  the  theme 
alike  of  praise  and  obloquy,  of  censure  and  approba 
tion.  He  has  had  warm  and  zealous  friends,  and 
many  and  bitter  enemies ;  and  each,  in  turn,  have  ex 
tolled  and  traduced  him.  While  the  one  have  claimed 
for  him  all  the  higher  attributes  of  the  statesman,  the 
other  have  been  disposed  only  to  concede  that  he  was 
well  skilled  in 

"  The  wily  shifts  of  state, — those  juggler's  tricks — 
Which  we  call  deep  designs  and  politics." 

Like  Lord  John  Russell  he  has  evinced  remarkable 
tact  in  leading  and  managing  a  party ;  but  something 
more  than  this  he  has  also  shown.  None  can  deny 
that  he  has  borne  himself  bravely  in  "  the  battle  of 
life."  His  public  career  is  highly  honorable  to  him. 
Few  politicians  have  committed  fewer  mistakes. 
Starting  from  a  humble  position,  with  but  humble 


MENTAL    TRAITS.  477 

pretensions,  he  raised  himself  step  by  step  to  the  high 
est  grade  of  official  preferment.  Surely,  the  arts  of 
the  demagogue  could  not  so  long  have  sustained  him. 
To  the  high  qualities  of  his  mind,  he  has  added  a  care 
ful  observation  of  men  and  things.  He  has  studied 
character  as  diligently  as  Talleyrand.  He  has  read 
and  pondered  over  that  book  of  the  statesman — the 
human  heart.  Though  without  the  genius  or  the 
splendid  declamation  of  Pitt,  he  has  manifested  the 
same  practical  skill  and  sagacity.  But,  more  than  all, 
he  has  possessed  that  "mens  cequa  in  arduis,"  which 
is  so  essential  to  the  success  of  the  political  aspirant. 


ENDS   T.    THROOP. 

WHILE  the  whigs  of  the  Revolution  were  evincing, 
perhaps,  even  more  than  a  commendable  zeal,  in  affix 
ing  the  stigma  of  Toryism  to  those  who  adhered  to  the 
royal  cause,  and  in  confiscating  their  fortunes,  the 
loyalists  in  the  provinces  that  remained  firm  in  their 
attachment  to  the  crown  were  not  backward  in  ex 
hibiting  the  same  spirit  toward  their  whig  neighbors. 
Opportunities  for  the  manifestation  of  their  bitter  ha 
tred  of  the  rebels  were  not  numerous ;  but  when  an 
occasion  presented,  they  were  pretty  sure  to  bring  up 
the  score  by  adding  what  was  necessary  in  the  way  of 
interest. 

Among  those  who  suffered  in  this  manner,  were  the 
grand-parents  of  the  subject  of  this  memoir.  Origin 
ally  inhabitants  of  Lebanon,  in  the  then  colony  of  Con 
necticut,  they  removed  to  Nova  Scotia,  when  their  son, 
George  Bliss  Throop,  the  father  of  the  governor,  was 
but  a  mere  lad.  Their  new  home  was  designed  to  be 
their  permanent  place  of  abode,  but  they  had  scarcely 
settled  themselves  in  it,  when  the  tocsin  of  war  sound 
ing  through  the  land  disturbed  their  sweet  dreams  of 
peace  and  tranquillity,  and  the  bale-fires  of  the  Revo- 


Eighth,  Gwcnwr  (>/  AtwlfrA 
tin*  '/-MMtt,  ///  JW/  f )/ 


HIS    PARENTS.  479 

lution,  gleaming  on  their  native  hills,  signalled  them 
back  to  the  scenes  and  the. friends  they  had  left.  Be 
ing  whigs  they  were  driven  out  of  the  country  by  the 
tories,  and  only  escaped  from  their  pursuers  by  con 
cealing  themselves  and  their  children  in  the  woods. 
After  suffering  much  from  fear  and  fatigue,  and  under 
going  many  hardships  and  privations,  they  at  length 
reached  the  United  States  in  safety. 

Their  son  George,  who  was  born  in  Lebanon,  re 
ceived  a  collegiate  education  ;  and  after  the  termina 
tion  of  hostilities,  in  1783,  being  then  about  twenty- 
three  years  of  age,  he  married  Abiah  Thompson,  the 
daughter  and  youngest  child  of  Enos  Thompson.  She 
was  a  native  of  Dutchess  county,  in  the  state  of  New 
York,  where  she  was  married.  Her  father  was  one 
of  three  brothers  who  removed  from  New  Haven  at 
an  early  period,  and  settled  the  tract  of  wild  land  near 
the  east  line  of  Dutchess  county,  called  from  the  pa 
tent  "  The  Nine  Partners."  Smith  Thompson,  late  one 
of  the  Justices  of  the  Supreme  Court  of  the  United 
States,  on  the  father's  side,  and  the  late  Jacob  Suther 
land  of  the  old  Supreme  Court  of  New  York,  on  the 
mother's  side,  were  the  descendants  of  one  of  the  other 
brothers.  Mrs.  Throop  had  two  brothers,  Israel  and 
Jesse  Thompson,  both  of  whom  repeatedly  represented 
their  respective  counties  (Dutchess  and  Rensselaer) 
in  the  legislature,  and  both  held  the  office  of  county 
judge. 
<  Immediately  after  his  marriage,  Mr.  Throop  re- 


480  ENOS  T-  THROOP. 

moved  to  Johnstown  in  the  county  of  Montgomery, 
where  he  purchased,  at  the  sale  of  the  confiscated 
estates  of  the  Johnson  family,  the  village  lot  now  in 
part  occupied  by  Judge  Cady  of  the  Supreme  Court, 
upon  which  he  erected  a  dwelling-house.  Although 
he  had  received  a  liberal  education  he  had  not  studied 
a  profession,  and  his  first  employment  after  his  re 
moval  to  Johnstown  was  in  the  service  of  Judge 
Duane,  at  Duanesburgh,  whom  he  assisted  in  prepar 
ing  and  arranging  the  contracts,  deeds  and  leases, 
given  to  the  tenants  on  his  large  estate.  On  return 
ing  to  Johnstown  he  opened  a  school,  which  occupa 
tion  he  continued  to  pursue,  together  with  conveyan 
cing,  in  which  he  was  very  skilful,  for  several  years. 
He  soon  grew  into  favor  with  the  people  of  the  town 
and  vicinity,  and  having  acquired  their  confidence 
by  his  character  and  aptitude  for  business,  he  re 
ceived  several  small  offices,  from  the  profits  of  which 
he  was  enabled  further  to  add  to  his  means  of  liveli 
hood. 

In  the  midst  of  his  usefulness  he  met  with  a  serious 
accident  that  completely  destroyed  his  health,  and  after 
a  long  and  painful  sickness  from  which  the  skill  of  the 
most  eminent  physicians  in  the  city  of  Albany  could 
Dot  restore  him,  he  finally  died  in  the  year  1794,  leav 
ing  to  his  wife  and  children  no  other  inheritance  but 
the  dwelling  and  lot  on  which  they  resided,  all  his 
other  means  having  been  exhausted  during  his  pro 
tracted  illness. 


IHS    FAMILY.  481 

He  was  the  father  of  four  children,  two  sons  and  two 
daughters,  all  of  whom  survived  him.  ENOS  THOMP 
SON  THROOP,  the  subject  of  this  memoir,  was  the  oldest 
child  ;  he  was  born  at  Johnstown  on  the  21st  day  of 
August,  1784,  and  was  named  after  his  maternal  grand 
father.  His  brother,  George  B.  Throop,  like  himself, 
studied  law,  and  was  one  of  the  earliest  settlers  of  the 
county  of  Cayuga ;  he  held  several  offices  of  promi 
nence  and  trust ;  was  clerk  of  the  county,  a  member 
of  the  state  senate  for  four  years,  postmaster  at  Au 
burn,  clerk  of  the  court  of  chancery  for  the  seventh 
district,  and  cashier  of  the  Cayuga  County  Bank ;  and 
he  is  now  a  resident  of  the  city  of  Detroit.  The  ejdest 
sister  of  Governor  Throop,  Mehitable,  married  Thad- 
deus  Martin  of  Johnstown  ;  she  was  early  left  a  widow, 
and  her  children,  particularly  her  sons  Henry  H.  and 
Enos  T.  Throop  Martin,  both  lawyers  of  respectable 
standing  in  tliis  state,  found  in  their  uncle  a  friend  and 
benefactor  who  supplied  the  place  of  the  parent  they 
had  lost.  The  younger  sister,  Mary  Ann,  was  twice 
married ;  first  to  David  Akin,  a  son  of  the  then  pro 
prietor  of  Johnson  Hall,  the  old  baronial  residence  of 
Sir  William  Johnson  and  his  son,  who  afterward  re 
moved  to  Throopsville,  in  the  county  of  Cayuga,  where 
he  died ;  her  second  husband  was  Samuel  Lacey,  then 
of  Monroe  county,  but  now  living  at  Homer  in  the 
state  of  Michigan. 

The  mother  of  Mr.  Throop,  also,  was  married  a  sec 
ond  time,  to  George  W.  Hatch,  of  Johnstown.     By 

21 


31 


482  ENOS    T.    THROOP. 

this  marriage  she  had  two  sons  and  two  daughters. 
The  eldest  son,  who  was  named  after  his  father,  is  one 
of  the  partners  in  the  well-known  firm  of  Rawdon, 
Wright  and  Hatch,  bank-note  engravers  ;  the  younger, 
Israel  T.  Hatch,  is  a  prominent  citizen  of  Buffalo.  One 
of  the  sisters  married  Zebulon  Reeves,  of  Palmyra. 
The  other  became  the  wife  of  Gershom  Powers,  who 
represented  the  Cayuga  district  in  the  21st  Congress ; 
after  his  death  she  married  William  B.  Rochester,  long 
a  distinguished  politician  in  the  state  of  New  York, 
and  the  Bucktail  candidate  for  Governor  in  1826,  in 
opposition  to  De  Witt  Clinton ;  Judge  Rochester  was 
one  of  the  unfortunate  passengers  on  board  the  ill-fated 
steamer  Pulaski,  and  was  drowned  in  attempting  to 
escape  from  the  conflagration  that  destroyed  her ;  his 
widow  has  since  married  a  Mr.  Fitch,  a  merchant  at 
Buffalo. 

After  the  death  of  her  second  husband,  the  mother 
of  the  governor  remained  a  widow  for  twenty  years, 
and  died  of  apoplexy,  in  1846,  in  the  eighty-fourth  year 
of  her  age.  She  was  a  woman  of  estimable  character, 
of  strong  good  sense  and  of  vigorous  mind ;  and  she 
was  warmly  loved  and  venerated  by  her  numerous 
descendants. 

By  her  marriage  with  Mr.  Hatch,  the  pecuniary 
circumstances  of  Mrs.  Throop  and  her  family  were  not 
materially  improved  ;  but  a  good  home,  and  the  pro 
tecting  care  of  a  husband  and  father,  were  thereby  se 
cured.  Her  son  Enos  seems  to  have  been  early  im- 


EDUCATION.  483 

pressed  with  the  importance  of  "getting  on"  in  the 
world.  Though  possessing  but  few  advantages,  this 
very  circumstance,  which  often  discourages,  rather 
than  inspires,  both  sharpened  his  zeal  and  stimulated 
his  ambition.  He  inherited  from  his  father  industry 
and  perseverance,  and  from  his  mother  sterling  sense 
and  determined  energy, — qualities  that  often  serve 
their  possessor  better  than  genius  or  talent.  The  same 
thoughtful  and  studious  habits,  the  caution  and  pru 
dence,  that  characterized  his  manhood,  distinguished 
him  in  youth.  Being  fond  of  reading  and  study,  quick 
of  apprehension,  attentive  and  ambitious,  he  profited 
considerably  by  the  instructions  of  his  father ;  and  after 
the  death  of  the  latter,  he  attended  the  schools  in  his 
native  village. 

It  was  the  wish  and  intention  of  his  father  to  fit  him 
for  a  profession,  and  it  afterward  became  the  darling 
ambition  of  his  mother's  heart.  She  had  not  the 
means,  however,  of  giving  him  a  suitable  education; 
but,  in  the  midst  of  her  regrets  at  her  inability  to  ac 
complish  an  object  so  dear,  she  was  kindly  favored  by 
her  own  good  fortune.  Among  her  intimate  friends 
was  the  daughter  of  Silas  Talbot,  a  naval  officer  in  the 
Revolutionary  war,  and  the  purchaser  of  Johnson  Hall 
at  the  sale  of  the  property  under  the  act  of  confisca 
tion  ;  but  who  removed  to  the  city  of  New  York,  after 
several  years'  residence  at  Johnstown,  to  superintend 
the  construction  of  the  frigate  Constitution,  to  the 
command  of  which  he  had  been  appointed.  Miss  Tal- 


484  ENDS    T.    THROOP. 

bot  had  married  George  Metcalfe,  a  practicing  lawyer 
at  Johnstown,  of  considerable  distinction,  who  con 
tinued  to  reside  there  after  the  removal  of  her  father 
to  New  York.  Mr.  Metcalfe  was  an  'Englishman  by 
birth,  but  he  had  studied  law  in  the  United  States.  He 
was  a  man  of  fine  attainments,  having  received  an  ex 
cellent  classical  education  in  his  own  country,  and  du 
ring  the  controversy  with  reference  to  the  federal 
constitution,  he  engaged  with  much  spirit  in  the  dis 
cussion  of  the  question,  as  an  advocate  of  the  adop 
tion.  By  this  means  he  became  widely  known,  and, 
under  the  administration  of  Governor  Jay,  was  ap 
pointed  by  his  federal  friends  in  the  council,  to  the 
office  of  district  attorney  for  the  counties  of  Montgom 
ery,  Albany,  Saratoga  and  Schoharie.  This  appoint 
ment  enabled  him  to  gratify  a  desire  he  had  long  cher 
ished,  to  establish  himself  where  his  talents  and  ac 
quirements  would  be  more  highly  appreciated,  and 
where  he  could  command  more  patronage ;  and  in 
September,  1798,  he  removed  to  the  city  of  Albany. 
Through  his  wife  he  learned  the  wishes  of  Mrs.  Hatch 
in  regard  to  her  son  Enos,  and  that  they  were  warmly 
seconded  by  the  lad  himself.  About  the  time  of  his 
removal  from  Johnstown,  therefore,  he  proposed  to 
take  him  into  his  family,  in  order  that  he  might  com 
mence  the  study  of  the  law. 

This  proposition  was  gladly  accepted  by  both  mother 
and  son.  The  latter  accompanied  the  family  of  Mr. 
Metcalfe  to  Albany,  as  one  of  its  members,  and  on  the 


STUDIES    LAW.  485 

17th  of  October,  1798,  commenced  his  clerkship  as  a 
student  at  law.  As  no  time  was  allowed  him  for  clas 
sical  studies  pursued  after  he  was  fourteen  years  of  age, 
his  term  of  study,  under  the  old  rules  of  the  Supreme 
Court,  was  seven  years.  He  soon  became  familiar 
with  the  routine  of  business  in  the  office  of  his  friend 
and  benefactor,  and  repaid  his  generosity  and  kindness, 
by  industry  and  punctuality,  and  by  fidelity  and  devo 
tion  to  his  interests.  He  relieved  his  patron  from  the 
most  laborious  part  of  his  duties,  and  often  accom 
panied  him  on  his  circuit  to  render  such  assistance  as 
he  might  require.  Not  unfrequently,  also,  when  Mr. 
Metcalfe  was  unable  to  attend  court  in  foreign  coun 
ties,  on  account  of  sickness  or  the  pressure  of  his 
other  engagements,  his  papers  were  intrusted  to  his 
young  pupil  and  friend,  with  instructions  to  attend  the 
grand  jury,  to  issue  processes  and  prepare  indictments 
for  trial,  and  with  a  letter  to  some  counsellor  of  his  ac 
quaintance  requesting  him  to  attend  to  the  necessary 
business  in  open  court.  The  knowledge  and  experi 
ence  thus  acquired  by  young  Throop  in  regard  to 
criminal  prosecutions,  served  him  in  great  stead,  as  we 
shall  see,  at  a  subsequent  period  of  his  life. 

Mr.  Metcalfe  was  not  merely  a  well-read  lawyer; 
he  possessed  more  than  ordinary  ability,  was  a  thor 
ough  scholar,  and  had  a  fine  and  correct  literary  taste. 
His  pupil  sympathized  with  him  in  his  fondness  for 
study,  and  a  familiarity  and  intimacy,  quite  unusual 
considering  the  disparity  of  years,  sprung  up  between 


486  ENDS    T.    THROOP. 

them.  Shortly  after  young  Throop  commenced  his 
clerkship,  Mr.  Metcalfe  proposed  to  instruct  him  in 
the  classics.  The  offer  was  eagerly  embraced  ;  he  be 
gan  the  study  of  the  Latin  language,  and  had  the  ben 
efit  of  his  patron's  advice  and  instruction  while  he  re 
mained  in  his  office  and  family. 

The  period  of  Mr.  Throop's  residence  in  Albany, 
while  a  student  at  law,  was  marked  by  high  political 
excitement.  It  was  that  of  the  memorable  struggle 
between  federalism  and  republicanism,  which  resulted 
in  the  overthrow  of  the  former  in  the  state  and  na 
tion.*  The  sessions  of  the  legislature,  and  of  the  state 
courts,  were  then  held  at  Albany,  and,  consequently, 
it  was  the  resort  of  all  the  distinguished  lawyers  and 
politicians  in  the  state.  The  position  of  Mr.  Throop 
with  an  eminent  lawyer,  who  held  an  important  office, 
afforded  him  rare  opportunities  for  improvement. 
His  patron  was  an  ardent  and  active  politician,  and 
associating  with  him,  as  he  did,  on  terms  of  the  most 

*  Just  at  the  close  of  the  election  in  1801,  Mr.  Throop  had  occasion 
to  visit  Kinderhook  on  business,  and  he  here  met,  for  the  first  time, 
•with  Mr.  Van  Buren.  The  latter,  also,  was  sustaining  himself  while 
a  student  by  his  own  exertions,  but  he  was  Mr.  Throop's  senior  by 
two  years,  and  already  distinguished  in  the  politics  of  the  county 
•where  he  resided.  The  result  of  the  election  was  not  then  known, 
and  they  spent  a  busy  day  together  at  the  places  of  public  resort  in 
the  town.  They  never  met  again  till  they  recognized  each  other  at 
the  bar  of  the  Supreme  Court,  when  their  youthful  acquaintance  was 
renewed,  and  afterward  ripened  into  a  friendship  that  has  ever  since 
remained  uninterrupted. 


BAR    AT    THE    REVOLUTIONARY    ERA.  487 

confidential  friendship,  his  own  attention  was  early 
awakened  to  the  doctrines,  the  discipline  and  move 
ments,  of  political  parties  ;  and  the  interest  thus  en 
kindled  long  exerted  a  powerful  influence  upon  his 
life. 

This  was,  also,  the  golden  age  of  the  New  York 
bar,  or,  rather,  it  had  just  fairly  dawned  in  the  courts 
adorned  by  the  learning  and  genius  of  the  revolution 
ary  era.  Mr.  Throop  both  saw  and  heard  the  intel 
lectual  giants  of  that  day,  and  listened,  oftentimes  with 
more  of  wonder  and  delight,  than  with  a  due  appreci 
ation  of  their  reasoning,  to  those  brilliant  displays  of 
forensic  eloquence  by  Hamilton  and  Burr,  by  Gouv- 
erneur  Morris  and  Brockholst  Livingston,  which  were 
preserved  only  in  the  memories  of  their  hearers,  but 
have  been  handed  down,  among  the  most  honored 
traditions,  to  those  who  came  after  them. 

In  1800,  the  republicans  regained  the  ascendency 
in  the  state,  and  as  Mr.  Metcalfe  was  soon  after 
removed  from  office,  Mr.  Throop  determined  not  to 
tax  his  kindness  or  generosity  further;  but,  in  the 
spring  of  1801  he  returned  to  his  native  town,  and 
passed  the  following  year  in  the  office  of  Daniel  Cady, 
then  commencing  his  long  and  prosperous  career,  and 
now,  with  the  laurels  of  his  professional  contests,  the 
rich  harvest  of  half  a  century,  clustering  thick  around 
his  brows,  ornamenting  the  Supreme  Court  of  the  state 
by  his  high  character  and  talents. 

After  leaving  the  office  of  Mr.  Cady,  several  months 


488  ENDS    T.    THROOP. 

were  spent  by  Mr.  Throop  in  studying  the  classics, 
under  the  supervision  of  the  Rev.  Mr.  Urquhart,  a 
graduate  of  the  Edinburgh  University,  and  then  prin 
cipal  of  the  Academy  at  Johnstown.  During  this  time 
he  supported  himself  by  writing  and  performing  other 
services  in  the  office  of  the  county  clerk  of  Mont 
gomery.  He  had  now  established  a  high  character 
as  an  attorney's  clerk,  and  wherever  he  was  known, 
his  services  were  deemed  worthy  of  an  ample  remu 
neration.  A  flattering  offer  was  soon  made  him,  by 
Matthias  B.  Hildreth,  of  Johnstown,  who  stood,  beside 
Mr.  Cady,  his  political  and  professional  rival,  at  the 
head  of  the  Montgomery  county  bar,  and  who  after 
ward  held  the  office  of  attorney-general  of  the  state, 
at  two  several  times,  and  died  while  occupying  that 
honorable  position. 

The  remaining  time  of  Mr.  Throop's  clerkship  was 
passed  in  the  office  and  family  of  Mr.  Hildreth,  who, 
in  addition  to  his  board,  made  him  a  sufficient  allow 
ance  for  his  other  expenses.  Mr.  Hildreth  was  not 
what  might  be  called  a  profound  lawyer ;  he  was  not 
a  hard  student,  like  Mr.  Cady, — but  he  was  a  fluent 
speaker,  ingenious  and  insinuating  in  argument,  an 
accurate  practitioner,  and  a  cautious  and  safe  coun 
sellor.  He  was,  also,  of  amiable  disposition  and  win 
ning  manners,  and  thoroughly  versed  in  the  knowledge 
of  human  nature.  He  lived  with  generous  hospitality, 
and  under  his  roof  Mr.  Throop  formed  the  acquaint 
ance  of  many  of  the  most  distinguished  republicans 


ADMISSION    TO    THE    BAR.  489 

in  the  state,  among  whom  was  Ambrose  Spencer,  at 
that  time  one  of  the  leaders  of  the  party. 

Mr.  Throop's  clerkship  expired  in  the  fall  of  1805, 
in  time  to  take  his  examination  at  the  November  term 
of  the  Supreme  Court ;  but  Mr.  Hildreth  made  him 
so  liberal  an  offer  to  continue  in  his  office  for  a  few 
months,  that  he  consented  to  defer  his  application  till 
the  ensuing  January  term,  in  1806,  when  he  was  duly 
admitted  as  an  attorney  in  the  Supreme  Court.  A 
short  time  previous  to  his  admission  he  visited  the 
county  of  Cayuga,  in  pursuance  of  the  recommenda 
tion  and  advice  of  the  father  of  Mr.  Hildreth,  who, 
with  Edward  Savage  and  James  Burt,  had  been 
appointed  commissioners  to  fix  a  site  for  the  county 
seat  of  that  county.  He  formed  few  acquaintances 
during  his  visit,  but  determined  to  locate  in  the 
county;  and  the  court  of  common  pleas  being  then 
in  session,  he  presented  his  certificates,  and  was  ad 
mitted  as  an  attorney  of  that  court.  He  then  returned 
to  Johnstown,  and  went  to  Albany  to  take  his  exam 
ination  for  admission  in  the  Supreme  Court. 

With  the  loan  of  two  hundred  dollars  made  to  him 
on  his  own  note  by  his  kind  friend  and  legal  preceptor, 
Mr.  Hildreth,  and  with  no  fortune  except  the  profes 
sion  which  he  had  obtained  mainly  through  his  indi 
vidual  exertions,  he  again  started  for  Cayuga  county, 
and  arrived  there  on  the  first  day  of  March,  1806. 
The  county  seat  was  still  an  unsettled  question,  al 
though  the  commissioners  had  decided  on  Auburn, 

21* 


490  ENOS    T.    THROOP. 

and  the  elder  Mr.  Hildreth  had  advised  him  to  estab 
lish  himself  there.  But  a  powerful  opposition  was 
offered  to  the  selection  of  Auburn,  in  the  south  part 
of  the  county,  particularly  in  Aurora;  and  it  was 
impossible  for  a  stranger,  as  was  Mr.  Throop,  to  deter 
mine  what  would  be  the  final  decision  in  the  matter. 
On  his  return,  therefore,  with  a  view  of  placing  him 
self  in  a  situation  to  act  as  circumstances  might 
require,  he  accepted  an  invitation  from  Dr.  Barnabas 
Smith,  who  lived  at  Poplar  Ridge,  now  Smith's 
Corners,  to  board  with  his  family  and  use  his  office. 
He  remained  there  till  the  fall  ensuing,  when,  having 
formed  his  opinion  in  regard  to  the  result  of  the  court 
house  controversy,  he  removed  to  Auburn,  which  finally 
became  the  county  seat,  and  permanently  located  him 
self  there. 

He  received  several  offers  of  partnership,  but  ac 
cepted  none  till  the  winter  of  1807,  when  he  connect 
ed  himself  in  business  with  Joseph  L.  Richardson,  who 
was  afterward,  for  many  years,  the  first  judge  of  the 
county.  This  connection  continued  till  the  winter 
of  1811,  when  it  was  dissolved  in  consequence  of  the 
appointment  of  Mr.  Throop  to  the  office  of  county 
clerk  of  the  county. 

Mr.  Throop  brought  to  the  bar,  not  merely  native 
talent  far  above  mediocrity,  but  other  qualities  equally 
useful  and  important.  He  had  formed  habits  of 
methodical  study,  of  industry  and  application  ;  he  was 
cautious  and  discreet,  careful  in  the  formation  of  his 


POLITICAL    COURSE.  491 

opinions,  but  generally  correct.  In  the  preparation 
of  causes  for  trial  or  argument,  he  was  thorough,  and 
in  addressing  a  court  or  jury,  clear  and  concise.  As 
a  speaker  he  was  earnest  and  sincere  rather  than 
fluent,  and  interesting  rather  than  eloquent.  Had  he 
remained  at  the  bar,  and  devoted  his  whole  time  and 
energies  to  his  profession,  there  can  be  no  doubt  that  he 
would  have  taken  and  maintained  a  high  station  among 
the  ablest  lawyers  in  the  state.  His  success,  however, 
was  fully  equal  to  his  expectations,  and  he  had  no 
cause  to  repine  on  account  of  the  paucity  of  clients, 
nor  to  complain  that  his  merits  were  not  appreciated 
as  they  deserved,  or  his  services  properly  rewarded. 

Having  taken  up  his  residence  in  Auburn,  he  entered 
with  spirit  into  the  court-house  controversy ;  and  the 
following  incident  is  still  related  by  the  older  members 
of  the  Cayuga  bar  as  illustrative  of  his  participation 
in  it,  and  of  the  warmth  with  which  it  was  waged  : — In 
order  to  strengthen  the  position  at  Auburn,  he  and  his 
friends  procured  the  passage  of  a  law  directing  a  fire 
proof  clerk's  office  to  be  built  at  that  place.  But  a 
majority  of  the  board  of  supervisors  of  the  county 
were  opposed  to  the  fixation  of  the  county  seat  which 
had  been  made,  and  they  refused  to  raise  the  money 
required  to  build  the  office.  A  law  was  then  enacted 
imposing  a  penalty  of  two  hundred  and  fifty  dollars 
upon  a  public  officer  who  refused  to  vote  for  raising 
any  money  which  he  was  directed  by  law  to  raise. 
The  board  of  supervisors  again  met,  and  again  refused ; 


492  ENOS    T.    THROOP. 

whereupon,  Mr.  Throop  and  his  partner  were  employ 
ed  to  institute  qui  tarn  suits  for  the  penalty,  against 
six  of  the  supervisors.  The  causes  were  brought  on 
for  trial  at  the  circuit  in  1809,  before  Judge  William 
W.  Van  Ness.  With  all  his  many  estimable  qualities, 
the  Judge  could  not  forget  that  he  was  a  politician, 
even  when  seated  on  the  bench.  These  were  em 
bargo  times — party  spirit  ran  high — the  county  was 
strongly  republican — an  important  state  election  was 
approaching — the  six  supervisors  were  supposed  to 
represent  the  majority  of  the  county — and  Mr.  Throop 
was  as  decided  a  republican  as  the  Judge  was  a 
federalist.  Arrayed  on  the  side  of  the  defendants,  in 
opposition  to  Mr.  Throop  and  his  partner,  were  twelve 
counsel,  all  more  or  less  eminent,  among  whom  were 
Elisha  Williams,  Daniel  Cady,  Nathaniel  W.  Howell, 
and  Walter  Wood.  When  the  first  cause  was  called, 
a  number  of  technical  objections  in  regard  to  mere 
matters  of  form  in  the  declaration,  were  raised  by  the 
defendant's  counsel,  but  overruled  by  the  presiding 
judge.  At  last  they  fixed  upon  a  formal  objection 
on  which  their  great  reliance  was  placed,  and  though 
Mr.  Throop  was  permitted  to  argue  the  question  at 
length,  it  was  decided  against  him.  In  giving  his 
decision,  the  Judge  stated,  that  if  the  count  had  been 
in  a  particular  form,  which  he  specified,  it  would  have 
been  sufficient.  Mr.  Throop  had  anticipated  the  de 
cision,  and  as  his  declaration  was  quite  voluminous,  he 
had  already  fixed  upon  a  count  which  corresponded 


HIS    POLITICAL    POSITION.  493 

exactly  with  what  the  Judge  had  said.  He  promptly 
called  the  attention  of  the  court  to  it ;  the  Judge  look 
ed  at  it  for  a  moment,  threw  down  the  paper  angrily, 
and  directed  him  to  go  on  with  the  cause.  Mr. 
Williams  instantly  sprung  to  his  feet,  declaring  that 
he  could  not  find  such  a  count.  "  It  is  there,  sir !"  was 
the  curt  reply  of  the  Judge,  and  the  cause  went  on. 
A  legal  question  was  afterward  raised,  upon  which  the 
plaintiffs  were  nonsuited :  but  the  nonsuit  was  set 
aside  at  the  next  term  of  the  Supreme  Court,  by  the 
unanimous  opinion  of  the  judges,  and  in  the  end  Mr. 
Throop  was  completely  successful. 

There  can  be  no  doubt  that  the  early  predilections 
of  Mr.  Throop  were  in  'favor  of  the  federal  party,  to 
which  his  patron  and  benefactor,  Mr.  Metcalfe,  be 
longed  ;  but  as  he  approached  his  majority,  he  was  led, 
by  that  careful  conscientiousness  which  ever  charac 
terized  him,  to  consider  well  his  position,  and  he  then 
embraced  those  republican  notions  and  principles  to 
which,  as  his  friends  claim,  he  has  ever  faithfully 
adhered.  He  had  no  active  participation  in  politics 
till  he  was  admitted  to  the  practice  of  his  profession ; 
but  after  his  removal  to  the  county  of  Cayuga,  he 
soon  acquired  a  high  and  wide-spread  reputation  as 
a  political  leader.  He  approved  the  embargo  and 
non-intercourse  policy  of  Jefferson  and  Madison,  and, 
in  1808,  advocated  the  election  of  the  latter  to  the 
presidency.  In  1807,  he  took  an  efficient  part  in  the 
elevation  of  Daniel  D.  Tompkins  to  the  gubernatorial 


494  ENOS    T.    THROOP. 

chair;  he  was  particularly  instrumental  at  that  time 
in  preventing  the  return  of  the  federal  members  who 
had  long  represented  the  county  in  the  state  legislature, 
and  in  securing  a  majority  of  between  five  and  six 
hundred  for  the  republican  state  ticket,  when  the 
federalists  had  claimed  the  county  by  at  least  one 
thousand  majority. 

In  1810,  he  supported  Governor  Tompkins  when  a 
candidate  for  reelection,  and  in  the  following  winter 
he  was  appointed  to  the  office  of  county  clerk  of 
Cayuga.  He  hesitated  considerably  upon  consenting 
to  become  a  candidate  before  the  council,  although  the 
leading  republicans  in  the  county  were  unanimous  in 
his  favor;  but  he  ultimately  decided  to  accept  the 
office,  for  several  reasons.  His  health  was  very  poor ; 
politics  had  already  interfered  a  great  deal  with  his 
professional  business ;  the  practice  of  the  law  was  not 
displeasing  to  him,  but  there  were  circumstances  con- 
nected  with  it  very  painful  to  his  feelings ;  and  he  had 
at  this  time  concluded  to  purchase  the  mill  property  at 
Throopsville,  near  Auburn,  which  he  did,  in  1811,  in 
company  with  his  brother-in-law,  Mr.  Akin.  Shortly 
after  the  purchase,  the  name  of  Throopsville  was  given 
to  the  place,  in  compliment  to  him,  at  a  public  meeting 
of  the  inhabitants. 

Mr.  Throop  now  occupied  a  prominent  position,  not 
only  in  the  county  where  he  resided,  but  also  in  the 
republican  party  of  New  York.  The  acquaintance 
he  had  formed  at  Johnstown  and  Albany,  with  the 


HIS    RELATIONS    WITH    THE    CLINTONIANS.          495 

distinguished  men  of  the  state,  was  highly  beneficial 
to  him.  He  was  a  strict  party  man,  active,  energetic, 
and  almost  always  successful  in  his  political  efforts; 
and  the  republican  leaders  at  the  capital  had  great 
confidence,  which  was  not  misplaced,  in  his  ability  and 
influence.  To  his  friend,  Judge  Spencer,  he  was 
indebted  for  many  favors,  which  he  did  not  forget 
even  when  the  political  accidents  of  future  years 
separated  them  most  widely  from  each  other.  Taking 
different  positions  at  a  subsequent  period,  upon  highly 
important  questions,  both  as  to  men  and  measures, 
their  intimacy  naturally  ceased,  but  their  mutual  re 
spect  never. 

Like  most  of  the  republicans  in  the  interior,  Mr. 
Throop  was  favorably  disposed  toward  the  Clintons. 
He  was,  however,  sincerely  attached  to  Governor 
Tompkins,  and  happening  to  be  at  Albany  during  the 
winter  session  of  1812,  he  entered  warmly  into  the 
contest  with  reference  to  the  incorporation  of  the 
Bank  of  America.  He  approved  of  ,the  governor's 
course  upon  this  question,  and  supported  and  defended 
him  on  all  occasions.  While  at  Albany  he  was  invited 
to  attend  the  meeting  of  Mr.  Clinton's  friends  called 
for  the  purpose  of  consulting  upon  the  propriety  of 
bringing  him  forward  for  the  presidency.  At  this 
time  De  Witt  Clinton  and  Ambrose  Spencer  were  the 
acknowledged  leaders  of  the  party  in  the  state,  and 
between  the  two  men,  Mr.  Throop  was  partial  to  the 
latter.  He  was  determined,  also,  irrespective  of  his 


496  ENDS    T.    THROOP. 

friendship  for  Judge  Spencer,  to  do  nothing  that  was 
calculated  to  prevent  the  reelection  of  Mr.  Madison ; 
and  when  it  was  openly  avowed,  at  the  meeting  of 
Mr.  Clinton's  friends,  that  the  movement  was  in  oppo 
sition  to  Madison,  and  that  they  relied  for  success 
mainly  upon  the  federal  party,  he  expressed  his  un 
qualified  dissent  from  the  proceedings,  and  declared 
it  to  be  his  firm  belief  that  they  were  acting  without 
the  concurrence  of  Mr.  Clinton.  He  soon  discovered 
his  mistake ;  Mr.  Clinton  treated  him  with  coldness, 
and  their  intercourse  ceased. 

The  success  of  the  federalists  at  the  previous  elec 
tion  having  given  them  the  council  of  appointment 
in  1813,  Mr.  Throop  was  among  the  first  removals 
from  office,  and  Elijah  Miller,  a  prominent  federalist 
in  the  county  of  Cayuga,  was  appointed  in  his  place. 
Two  years  afterward,  in  1815,  the  republicans  again 
secured  the  council,  and  Mr.  Throop  was  promptly 
restored  to  the  office  from  which  he  had  been  removed. 

In  the  month  of  July,  1814,  he  was  married  to 
Evelina  Vredenburgh,  the  youngest  daughter  of 
Colonel  William  J.  Vredenburgh,  of  Skaneateles.  Her 
father  was  of  Dutch  descent,  and  a  large  landholder 
on  the  military  tract.  He  was  one  of  the  founders 
and  earliest  settlers  of  the  beautiful  town  where  he 
passed  the  latter  part  of  his  life.  Another  of  his 
daughters  married  James  Porter,  for  a  long  time  the 
Register  of  the  court  of  chancery,  and  a  leading  poli 
tician  in  the  republican  ranks.  Mrs.  Throop  died  in 


ELECTED    A    MEMBER    OF    CONGRESS.  497 

the  city  of  New  York,  in  1834,  lamented  not  only  by 
the  husband  who  mourned  her  loss,  but  by  all  who 
remembered  the  many  beautiful  traits  in  her  character. 
She  was  the  mother  of  three  children,  not  one  of 
whom  lived  beyond  the  period  of  infancy. 

At  the  congressional  election  in  the  year  1814,  Mr. 
Throop  was  elected  to  the  14th  Congress,  as  a  friend 
of  the  war  measures  of  the  national  administration, 
from  the  double  district  consisting  of  the  counties  of 
Cayuga,  Seneca,  Tioga  and  Broome,  in  the  place  of 
Daniel  Avery,  the  federal  member  who  had  represent 
ed  the  district  in  the  two  previous  Congresses.  His 
colleague  was  Oliver  C.  Comstock,  of  Seneca.  They 
were  both  elected  by  large  majorities. 

Mr.  Throop  took  his  seat  in  Congress  on  the  4th 
of  December,  1815,  and  by  his  talents  and  industry, 
and  his  high  character  for  integrity  and  independence, 
very  soon  acquired  a  more  than  respectable  standing 
at  Washington.  His  associates  and  compeers  were 
the  great  men  of  the  nation — among  them  Clay,  Cal- 
houn,  Webster,  Forsyth,  Pinkney,  and  Lowndes — 
but  his  position  beside  them  was  one  highly  honorable 
to  him. 

The  session  of  1815-16  was  not  unusually  long, 
but  highly  exciting.  The  war  had  now  ended,  but 
the  public  and  private  credit  which  had  been  almost 
destroyed,  were  to  be  restored.  Mr.  Throop  took 
part  in  the  debates  on  most  of  the  important  topics 
discussed.  He  voted  for  the  incorporation  of  the 


498  ENOS    T.    THROOP. 

national  bank,  with  Clay,  Calhoun,  and  other  leading 
friends  of  the  administration,  as  the  only  means  that 
appeared  to  him  to  be  feasible,  to  relieve  the  country 
from  the  multiplied  embarrassments  occasioned  by  the 
suspension  of  specie  payments  by  the  state  banks  and 
the  depreciation  of  the  currency. 

He  also  opposed  the  bill  introduced  by  Mr.  Forsyth, 
making  provision  for  carrying  the  commercial  treaty 
with  Great  Britain  into  effect,  and  in  the  course  of  the 
debate  on  this  question,  submitted  the  following  re 
marks  : 

"  I  shall  vote  against  the  bill,  because  I  think  it  unnecessary  to  pass 
sach  a  law.  The  act  in  question  does  nothing  more  than  put  into  the 
form  of  a  law  the  several  provisions  of  the  treaty  regulating  the  com 
merce  between  the  two  countries,  which  are  of  themselves  the  supreme 
law  of  the  land.  These  provisions  do  not  require  a  construction  nor 
any  aid  by  law  to  carry  them  into  execution.  If  the  object  was  merely 
to  instruct  the  revenue  officers,  I  would  prefer  its  being  done  by  the 
President  or  the  Secretary  of  the  Treasury,  whose  duty  I  conceive  it 
to  be,  and  whose  competency  cannot  be  doubted.  I  do  not  know  that 
the  passage  of  this  law,  following  the  provisions  of  the  treaty,  will  do 
any  great  mischief,  but  I  am  opposed  to  the  principles  on  which  it  ta 
attempted  to  be  supported,  and  fear  that  it  will  at  some  future  period 
form  a  dangerous  precedent. 

"  The  treaty-making  power  is  lodged  by  the  constitution  in  the 
President  and  Senate,  and  their  act  becomes  obligatory  on  the  nation, 
without  the  interference  of  this  House,  by  that  section  of  the  constitu 
tion  which  declares  that  '  this  constitution  and  the  laws  of  the  United 
States  which  shall  be  made  in  pursuance  thereof,  and  all  treaties  made, 
or  which  shall  be  made,  under  the  authority  of  the  United  States,  shall 
be  the  supreme  law  of  the  land.'  An  argument  has  been  attempted  to 
be  drawn  from  the  fact  that  the  constitution,  laws  and  treaties,  are 


SPEECH    ON    THE    COMMERCIAL    TREATY.  499 

classed  together  in  the  same  sentence,  and  are  all  declared  to  be  the 
law  of  the  land. 

"  I  do  not  know  that  I  understand  what  the  conclusion  is ;  but  if  it 
is  as  I  apprehend  it  to  be — that,  being  all  classed  together,  and  in  one 
sentence  declared  to  be  the  supreme  law,  that  then  a  treaty  is  of  no 
greater  force  than  a  law ;  I  conceive  that  the  same  argument  will  prove 
that  the  constitution  is  not  paramount  to  a  law,  and  if  that  construction 
prevails,  Congress  may  by  law  repeal  the  constitution.  But,  grant  that 
the  treaty  has  no  greater  efficacy  than  a  law,  and  can  repeal  and  be 
repealed  by  a  law,  then  the  act  under  consideration  is  unnecessary,  as 
the  treaty  being  subsequent  to  the  law  creating  discriminating  duties, 
repeals  that  law ;  and  wheu  a  new  tariff  of  duties  is  created,  it  may 
be  made  to  conform  to  the  treaty.  But,  it  is  said,  the  treaty  is  a  com 
pact  ;  hence  it  is  no  law  to  be  observed  by  the  people,  but  only  a  direc 
tion  to  Congress  to  pass  a  law.  Because  it  is  a  compact,  it  is  superior 
to  the  law.  An  individual  may  prescribe  to  himself  a  rule  of  conduct 
by  which  he  will  be  governed,  but  he  may  depart  from  that  rule  when 
ever  he  pleases ;  it  is  a  law  to  himself,  and  the  power  which  enacts 
may  repeat  But  if  he  stipulates  with  another  a  rule  of  conduct  to  be 
observed  by  himself,  it  is  a  compact,  and  he  cannot  depart  from  it  with 
out  a  violation  of  his  plighted  faith,  and  the  rights  of  that  other.  This 
is  the  distinction  between  a  treaty  and  a  law ;  and  which  renders  a 
treaty  paramount  to  the  law.  The  law  prescribes  a  rule  of  conduct  to 
the  citizens  of  the  state  by  which  they  are  to  be  governed,  and  may 
be  repealed  at  any  time ;  but  a  treaty  is  a  compact  between  two  sover 
eign  states,  which  cannot  be  departed  from  by  one  without  violating 
the  faith  of  that  state,  and  the  rights  of  the  other. 

"  An  answer  to  the  argument  that  the  treaty  is  only  a  direction  to 
Congress  to  pass  a  law,  is  to  be  found  in  the  concluding  part  of  the 
same  section  of  the  constitution,  which,  after  stating  that  treaties,  &c.t 
shall  be  the  supreme  law  of  the  land,  adds,  '  and  the  judges  in  each 
state  shall  be  bound  thereby.'  Here  is  a  direction,  not  to  Congress,  but 
to  the  courts  of  law,  to  construe  and  enforce  the  treaty,  which  they 
are  bound  to  do  without  reference  to  any  construction  which  might  be 
put  upon  it  by  an  act  of  this  body.  I  trust  I  shall  not  be  told  that  this 


500  ENOS    T.    THROOP. 

direction  is  to  the  judges  of  the  state  courts,  and  not  to  the  judiciary 
of  the  United  States,  and  that  a  treaty  might  be  enforced  in  the  stato 
courts,  but  would  require  a  law  to  enforce  it  in  the  courts  of  the  United 
States.  For,  according  to  that  construction,  it  might  produce  this  ab 
surdity  ;  that  the  treaty  would  operate  upon  the  states  individually, 
and  Congress  might  refuse  to  pass  a  law,  whereby  it  could  not  be 
treated  as  a  law  by  the  United  States  courts.  I  cannot  sanction  the 
idea  that  this  House  has  any  control  over  the  treaty-making  power, 
to  ratify  or  annul  their  acts,  unless  it  is  in  cases  where  the  treaty  can 
not  execute  itself,  but  requires  for  that  purpose  provision  to  be  made  by 
law,  such  as  raising  money,  <fcc. 

"  Some  gentlemen  seem  alarmed,  lest  the  President  and  Senate,  by 
an  assumption  of  power,  shall  at  length  claim  the  right  of  making  war, 
which  they  can  do  by  stipulating  for  war  in  a  treaty.  Should  the 
right  of  declaring  war  exist  in  one  branch  of  the  legislature  independ 
ent  of  the  others,  I  cannot  see  but  that  it  may  as  safely  be  lodged  with 
the  President  and  Senate,  as  with  this  House.  The  right  here  claimed 
of  supervising  the  treaty,  will  lead  to  that  result.  War  has  ceased ; 
we  are  at  peace  with  Great  Britain,  by  treaty  ;  but  if  this  House  in  the 
plenitude  of  their  wisdom,  does  not  think  proper  to  ratify  the  treaty, 
the  war  is  renewed,  and  we  must  resume  our  arms, — which  will  effec 
tually  vest  this  branch  of  the  legislature  with  the  power  of  making  war. 
I  do  not  believe  that  it  entered  into  the  views  of  the  framers  of  the 
constitution,  to  vest  this  House  with  the  power  of  rejecting  or  ratifying 
a  treaty :  if  it  did,  they  would  not  have  left  a  power,  so  important,  to 
be  gathered  from  inference.  They  would  have  made  express  provision 
for  it.  It  would  have  been  easy  for  them,  and  they  would  have  de 
clared  that  the  power  of  making  treaties  should  be  vested  in  the  Presi 
dent  of  the  United  States  and  Congress." 

In  the  remarks  of  Mr.  Throop  the  principal  questions 
involved  in  Mr.  Forsyth's  bill  are  succinctly  stated. 
The  majority  of  the  republican  members  in  the  House 
contended  that,  inasmuch  as  the  convention  or  treaty 


SUPPORT  OP  THE  TARIFF  ACT.          501 

stipulated  for  the  equalization  of  tonnage  and  duties,  so 
as  to  place  British  vessels  on  the  same  footing  with 
American  vessels,  and  as  the  original  law  required  the 
sanction  of  both  branches  of  the  legislature,  it  was  not 
competent  for  one  of  them,  acting  in  conjunction  with 
the  executive,  to  nullify  it  pro  hac  vice,  by  means  of  a 
treaty,  any  more  than  it  would  be  proper  for  them  to 
repeal  it  absolutely.  On  the  other  hand,  Mr.  Throop 
insisted,  as  did  Mr.  Calhoun  and  Mr.  Pinkney,  that  no 
legislative  provisions  were  necessary,  because  the  con 
vention  contemplated  only  the  suspension  of  alien  dis 
abilities,  in  return  for  a  similar  suspension  by  Great 
Britain  in  favor  of  American  citizens  ;  that  this  subject 
was  one  peculiarly  within  the  province  of  the  treaty- 
making  power ;  and  that  the  treaty,  being  the  supreme 
law  of  the  land,  by  its  own  inherent  force  and  author 
ity,  suspended  the  operation  of  the  law  imposing  the  dis 
abilities.  Mr.  Forsyth's  bill  ultimately  passed  the  House ; 
the  Senate  disagreed ;  but  a  law  was  finally  enacted 
establishing  the  principle  contended  for  by  the  republi 
can  majority.  Mr.  Madison,  no  doubt,  concurred  in 
opinion  with  the  minority,  because  he  issued  his  proc 
lamation  declaring  the  removal  of  the  disabilities  sim 
ultaneously  with  the  publication  of  the  commercial 
treaty  as  ratified. 

During  the  war  the  capital,  of  necessity  withdrawn 
from  commercial  pursuits,  was  invested  in  manufac 
tures;  but  when  peace  was  declared,  the  establish 
ments  thus  called,  as  it  were,  into  being,  by  the  foreign 


502  ENDS    T.    THROOP. 

policy  of  the  government,  were  threatened  with  ruin 
if  exposed  to  competition  with  the  products  of  foreign 
manufacturers.  The  indebtedness  of  the  country  re 
quired  a  large  revenue,  and  the  only  practicable  mode 
of  raising  it  seemed  to  be  by  means  of  a  tariff  law. 
Influenced  by  this  consideration,  and  for  the  reason, 
as  well,  that  he  favored  the  protection  and  encourage 
ment  of  the  domestic  interests  of  the  country,  Mr. 
Throop  voted  for  the  act  of  1816,  and  opposed  the  at 
tempt  to  establish,  as  a  principle  of  the  bill  and  of  the 
tariff  policy  of  the  country,  an  ad  valorem  duty  of 
twenty  per  cent,  on  cotton  and  woollen  goods.  While 
upon  this  subject,  however,  it  may  be  well  to  add,  that 
he  heartily  approved  of  the  reduction  of  the  duties  made 
by  the  compromise  act,  and  afterward,  by  the  law  of 
1846. 

Mr.  Throop  also  supported  the  Canadian  Volunteer 
bill,  and  the  act  known  as  "  the  Compensation  act/' 
By  the  latter  law,  the  per  diem  allowance  of  members 
of  Congress  was  changed  to  an  annual  salary  of  fifteen 
hundred  dollars.  The  motives  of  those  who  originated 
this  law  were  eminently  praiseworthy,  and  its  princi 
ple  as  fair  and  just  as  any  that  could  be  devised.  The 
average  compensation  of  members  was  increased  by 
it  only  about  thirty-eight  per  cent,  above  the  rates  estab 
lished  nearly  thirty  years  previous,  and  this  was  cer 
tainly  not  out  of  proportion  with  the  increase  in  the 
cost  of  the  necessaries  of  life.*  But  the  law  was  un- 

*  The  average  amount  of  pay,  including  mileage,  to  each  member 


THE    COMPENSATION    LAW. 

popular  with  the  people,  and  nearly  all  those  represen 
tatives  who  voted  in  its  favor  and  were  candidates  for 
reelection,  failed  of  being  returned.  Such  was  the  for 
tune  of  Mr.  Throop.  He  was  borne  down  by  the  pop 
ular  clamor  originating  with  those  who  were  ignorant 
of  the  real  character  of  the  law,  but  most  of  whom 
were,  without  doubt,  sincere  and  honest  in  their  oppo 
sition  to  what  they  called  high  salaries.  Being  again 
a  candidate  in  1816,  at  the  election  in  April  of  that 
year,  previous  to  his  return  home,  and  before  he  had 
time  to  set  himself  right  with  the  electors  of  the  dis 
trict  by  exposing  the  misrepresentations  and  miscon 
ceptions  which  had  deluded  them,  he  was  defeated  by 
an  overwhelming  vote. 

During  the  same  session  of  Congress,  the  question 
of  a  successor  to  Mr.  Madison  was  also  agitated.  Mr. 
Monroe  and  Mr.  Crawford  were  the  two  prominent 
candidates,  and  the  contest  for  the  nomination  was 
ultimately  confined  to  them.  Efforts  had  been  made, 
however,  to  bring  forward  other  candidates,  particu 
larly  in  the  state  of  New  York.  De  Witt  Clinton, 
from  his  too  close  connection  with  the  federalists  in 
1812,  was  no  longer  the  favorite  of  the  republican 
party  in  the  state,  and  its  leadership  had  been  mainly 
assumed  by  Judge  Spencer.  The  latter  was  originally 
in  favor  of  General  Armstrong,  the  secretary  of  war, 

annually,  for  eight  years  previous,  was  about  thirteen  hundred  dollars, 
and  the  Compensation  act  raised  it  to  eighteen  hundred.  The  per  diem 
allowance,  it  will  be  remembered,  was  then  only  six  dollars. 


504  EN08    T.    THROOP. 

and  corresponded  with  a  number  of  his  political  friends 
upon  the  propriety  of  electing  him  to  the  Senate,  with 
a  view,  eventually,  of  making  him  president.  Among 
them  was  Mr.  Throop,  who,  notwithstanding  his  long 
and  sincere  friendship  for  his  correspondent,  positively 
declined  to  engage  in  any  such  effort.  This  refusal 
led  to  a  coolness  between  them,  and  when  in  the  win 
ter  of  1816,  he  declined  to  follow  the  Judge  in  his  re 
union  with  Mr.  Clinton,  their  intimacy  ceased. 

The  unfortunate  capture  of  Washington  compelled 
Mr.  Armstrong  to  retire  to  private  life,  and  Judge 
Spencer  then  supported  the  pretensions  of  Mr.  Craw 
ford.  His  real  preferences  were  undoubtedly  fixed  in 
that  direction  at  an  early  day,  but  he  had  become  jeal 
ous  of  the  growing  popularity  of  Governor  Tompkins, 
who  was  now  generally  talked  of  as  a  candidate  for 
the  vice-presidency ;  and  through  his  instrumentality 
the  republicans  in  the  New  York  legislature  were  in- 
duced  to  nominate  the  governor,  at  a  caucus  held  in 
February,  1816,  for  the  presidential  office.  This  move 
ment  could  only  have  been  devised,  for  the  purpose  of 
engaging  Governor  Tompkins  in  a  premature  and  ill- 
advised  contest  with  older  men  in  the  republican  party 
of  the  nation,  and  thus  destroying  his  popularity.  But 
the  effort,  as  we  have  seen,*  entirely  failed  of  success. 
General  Porter,  Mr.  Van  Buren,  Mr.  Throop,  and  other 
leading  republicans,  who  were  sincerely  attached  to 
Governor  Tompkins,  foresaw  what  would  be  the  result 

*  Ante  p.  196,  et  seq. 


FRIENDSHIP    FOR    GOVERNOR    TOMPKINS.  505 

if  his  name  were  pressed ;  and  when  they  found  that  if 
the  nomination  could  be  effected  in  the  Congressional 
caucus,  the  friends  of  Mr.  Monroe  would,  as  they 
threatened  to  do  in  any  event  if  their  favorite  was  not 
selected,  present  him  as  a  candidate  irrespective  of  the 
decision  of  the  caucus, — or  that,  if  defeated  in  the  cau 
cus,  his  prospects  for  the  future  would  be  seriously, 
perhaps  fatally  injured, — they  then  confined  their 
efforts  to  securing  his  nomination  to  the  vice-presi 
dency,  in  which  they  were  successful. 

Mr.  Throop  was  a  warm  friend,  both  politically  and 
personally,  to  Governor  Tompkins,  from  the  time  of 
his  first  election  as  governor,  in  1807,  to  the  close  of 
his  career ;  and  the  assertion  of  Mr.  Hammond,  that 
the  governor  thought  unkindly  of  him,  as  one  of  the 
republican  members  of  Congress,  for  too  readily  con 
senting  to  give  him  up,*  is  unjust  to  the  memory  of 
the  one,  and  to  the  character  of  the  other  for  fidelity 
and  integrity  in  his  political  relations.  Mr.  Throop 
was,  from  the  beginning,  in  favor  of  the  nomination 
of  Mr.  Monroe,  because,  in  his  judgment,  the  public 
opinion  of  the  republican  party  had  indicated  him  as 
the  successor  of  Mr.  Madison  ;  and  his  long  experience 
in  national  affairs,  and  his  patriotic  services  during  the 
Revolution  and  the  late  war,  gave  him  strong  claims 
upon  the  regard  and  confidence  of  the  people.  He 
would  have  supported  Tompkins,  if  his  nomination  had 
been  possible,  but  that  being  out  of  the  question,  he 

*  Political  History,  vol  L  p.  411. 
22 


506  ENDS    T.    THROOP. 

was  free  to  choose  between  the  other  candidates. 
His  preferences  were  never  disguised ;  and  at  a  meet 
ing  of  the  New  York  republican  delegation  in  Con 
gress,  held  shortly  before  the  caucus,  he  expressed 
them  openly  and  without  reserve.  The  influence  of 
Judge  Spencer  was  felt  at  this  meeting,  and  an  effort 
was  made  to  commit  the  members  present  to  the  sup 
port  of  Mr.  Crawford,  under  the  captivating  plea  that 
the  state  of  New  York  ought  to  give  an  united  vote 
upon  the  question.  Mr.  Hammond  attended  the  meet 
ing  as  one  of  the  republican  members,  and  he  declares 
that  it  was  broken  up  "  without  any  expression  of 
opinion  as  between  Monroe  and  Crawford,"  mainly 
"by  means  of  the  influence  of  General  Porter,  John 
W.  Taylor,  and  Enos  T.  Throop."* 

It  may  readily  be  inferred,  from  this  language,  al 
though  the  writer  might  not  have  designed  to  make 
such  a  charge,  that  undue  means  were  taken  by  Mr. 
Throop  and  others  to  prevent  an  expression  of  opinion 
at  the  meeting.  This  was  not  so.  Mr.  Throop  had 
no  concealments  on  the  question,  and  freely  expressed 
his  sentiments.  It  was  notorious  that  the  confidential 
friends  of  Mr.  Monroe  had  declared  that  he  was  before 
the  people  and  should  not  be  withdrawn  ;  and  that  Mr. 
Crawford  was  made  a  candidate,  against  his  will  and 
the  wishes  of  his  Georgia  friends,  principally  by  New 
York  politicians.  Mr.  Throop  belonged  to  the  old 
Jeffersonian  school ;  the  republican  party  was  a  national 

*  Political  History,  voL  L  p.  409. 


HIS    RESIGNATION.  507 

one ;  and  as  Mr.  Tompkins  could  not  be  nominated, 
he  opposed  taking  any  steps  that  would  give  the  matter 
a  state  character,  as  it  was  contemplated  to  do  by 
pledging  the  members  to  cast  a  united  vote  for  Craw 
ford,  and  desired  that  each  should  be  left  at  liberty 
to  act  as  he  thought  proper.  But  five  or  six  of  the 
members  from  New  York  concurred  with  Mr.  Throop 
in  preferring  Mr.  Monroe,  yet  the  majority  appeared 
to  be  favorably  impressed  with  the  objections  urged 
against  expressing  any  opinion,  as  a  delegation,  and 
the  meeting  adjourned,  as  stated  by  Mr.  Hammond ; 
no  other  means  having  been  taken  to  produce  that 
result,  than  the  frank  avowal  of  their  opinions  by 
General  Porter,  Mr.  Taylor,  and  Mr.  Throop.  New 
York  was  not  pitted  against  Virginia  on  the  presiden 
tial  question,  and  the  creation  or  fostering  of  state 
prejudices  was  avoided,  through  the  prudent  caution 
of  Mr.  Throop  and  his  friends. 

On  his  return  from  Washington,  Mr.  Throop  found 
that  the  people  of  his  district  had  pronounced  their 
disapprobation  of  his  course  in  voting  for  the  com 
pensation  act.  Conscious,  though  he  was,  of  the 
purity  of  his  motives,  and  well  assured  that  his  con 
stituents  were  mistaken,  both  as  to  them,  and  as  to  the 
true  character  of  the  law,  there  seemed  but  one  course 
left  for  him  to  pursue,  and  that  was  to  resign  his  seat. 
This  was  promptly  done,  and  a  special  election  was 
ordered  to  be  held  in  the  district.  Another  candidate 
was  selected  to  fill  the  vacancy,  and  an  active  and 


508  ENOS   T.    THROOP. 

spirited  canvass  ensued.  The  "  low- salary"  party,  as 
they  termed  themselves,  and  who  consisted  of  federal 
ists  and  Clintonians,  also  had  their  candidate,  and 
succeeded  in  electing  him,  but  by  a  largely  reduced 
majority.  The  efforts  of  Mr.  Throop  and  his  friends 
were  principally  confined  to  the  county  of  Cayuga, 
and  they  had  the  satisfaction  of  reversing  the  vote  at 
the  previous  regular  election,  and  giving  a  majority  of 
six  hundred  to  the  republican  candidate.  In  the  other 
counties  in  the  district  the  nominee  of  the  "  low  salary" 
party  received  a  majority  more  than  sufficient  to  neu 
tralize  the  vote  of  Cayuga.  This  sudden  outbreak  of 
popular  feeling,  therefore,  did  not,  in  the  end,  weaken 
the  influence  or  popularity  of  Mr.  Throop  in  the  county 
where  he  resided,  but  it  served  to  elevate  him  in  the 
estimation  of  those  who  could  not  but  admire  the  inde 
pendence  of  character  which  he  had  displayed. 

The  Clintonians  and  Bucktails,  though  existing  for 
a  long  time  previous  as  separate  factions  of  the  re 
publican  party,  did  not  finally  divide  till  the  winter 
of  1819.  Mr.  Throop,  however,  was  opposed  to  the 
nomination  of  De  Witt  Clinton  as  the  republican 
candidate  for  governor  in  1817,  though  he  did  not 
make  any  effort  to  defeat  his  election ;  and  as  "  the 
low-salary  men"  in  Cayuga  county  had  become  ardent 
Clintonians,  the  lines  between  them,  and  Mr.  Throop 
and  his  friends,  were  distinctly  drawn  very  soon  after 
Mr.  Clinton's  elevation  to  the  chief  magistracy  of  the 
state. 


REMOVAL    FROM    OFFICE    OF    CLERK.  509 

In  the  winter  of  1818,  Mr.  Clinton  was  seated  in 
authority,  with  a  council  of  appointment  ready,  as  he 
supposed,  to  carry  out  his  wishes.  It  consisted  of 
Henry  Yates  and  Jabez  D.  Hammond,  Clintonians ; 
and  Henry  Seymour  and  Peter  R.  Livingston,  Buck- 
tails.  But  Mr.  Yates,  though  he  had  been  a  warm 
and  constant  friend  to  Mr.  Clinton,  was  also  a  firm 
republican ;  and  he  was  totally  opposed  to  proscribing 
any  member  of  the  party,  because  of  his  personal 
likes  or  dislikes  as  respected  Mr.  Clinton.  The  com 
mission  for  the  county  of  Cayuga  expired  this  year, 
and  as  most  of  the  persons  in  office  were  the  political 
friends  of  Mr.  Throop,  "  the  low-salary  men,"  or  Clin 
tonians,  held  a  county  convention,  and  adopted  a  new 
civil  list,  which  they  forwarded  to  Governor  Clinton. 
This  list  was  laid  before  the  council  by  the  governor, 
and  he  recommended  the  appointment  of  the  persons 
therein  named,  confidently  expecting  that  Mr.  Yates 
and  Mr.  Hammond  would  promptly  support  him. 
Meanwhile  the  former  had  been  advised  by  Mr. 
Throop,  who  happened  to  be  an  old  friend  and  ac 
quaintance,  of  the  true  state  of  the  case,  and  he  saw 
that  if  he  sustained  the  governor,  it  could  only  be  by 
proscribing  members  of  the  party  in  good  standing. 
Determined  not  to  be  a  party  to  such  a  proceeding, 
when  the  governor  presented  the  new  list  to  the  coun 
cil,  and  Mr.  Hammond  stood  prepared  to  vote  for  its 
adoption,  to  their  surprise  he  immediately  rose  in  his 
place,  and  nominated  a  person  to  the  office  of  sheriff, 


510  ENOS    T.    THROOP. 

from  a  list  furnished  him  by  Mr.  Throop.  Mr.  Sey 
mour  and  Mr.  Livingston  voted  with  him,  and  the 
nomination  was  carried.  He  then  went  through  with 
the  whole  list,  without  stopping ;  the  governor  and  his 
friend,  Mr.  Hammond,  were  in  a  powerless  minority, 
and  they  had  no  further  control  of  the  council  for  the 
remainder  of  the  year. 

The  following  year  Mr.  Clinton  had  a  council  com 
pletely  subservient  to  his  views,  and  it  was  intimated 
to  Mr.  Throop  that  unless  he  ceased  his  opposition  to 
Mr.  Clinton,  he  would  be  removed  from  the  office  of 
county  clerk,  while  his  friends  should  be  retained,  and 
his  influence  would  thus  be  weakened.  The  intima 
tion  was  disregarded,  and  his  removal  soon  followed. 
In  1820  the  Bucktails  secured  the  council,  and  it  was 
then  proposed  to  Mr.  Throop  that  he  should  be  re 
stored  to  the  clerkship,  but  he  declined  accepting  the 
office  again,  and  it  was  then  conferred  on  his  brother. 

After  his  removal,  Mr.  Throop  confined  himself  for 
several  years  to  the  management  of  his  private  busi 
ness,  though  still  maintaining  his  position  at  the  head 
of  the  republican  party  in  his  county.  He  supported 
Governor  Tompkins  in  1820,  and  approved  of  the 
reelection  of  Mr.  Monroe.  He  was  one  'of  the  early 
friends  of  the  proposition  to  call  a  convention  to  revise 
the  constitution ;  and  the  various  reforms  and  amend 
ments  in  the  fundamental  law  of  the  state  which  were 
thus  effected,  met  with  his  hearty  concurrence. 

constitution  of  1821  made  provision  for  divid- 


APPOINTED    CIRCUIT    JUDGE.  511 

ing  the  state  into  eight  circuits,  for  each  of  which  a 
circuit  judge  was  to  be  appointed.  A  judicial  office 
had  long  been  the  object  of  Mr.  Throop's  ambition, 
but  it  was  unnecessary  for  him  to  make  his  wishes 
known.  As  soon  as  the  new  constitution  was  adopt 
ed,  and  the  legislature  had  divided  the  state  into  cir 
cuits,  public  opinion  seemed  at  once  to  settle  upon 
him  as  a  proper  person  to  receive  the  appointment 
for  judge  of  the  seventh  circuit,  which  embraced  the 
county  of  Cayuga.  Governor  Yates  had  known  him 
from  his  boyhood,  and  was  his  personal  friend ;  he  did 
not  require,  therefore,  to  be  very  warmly  urged  in  his 
behalf;  and  in  the  month  of  April,  1823,  Mr.  Throop 
was  nominated  and  appointed  to  the  office  of  circuit 
judge. 

In  this  new  position  he  fully  realized  the  expecta 
tions  of  his  friends.  He  was  prompt  in  the  dispatch 
of  business,  courteous  yet  dignified  in  his  manners, 
careful  in  deliberation  and  impartial  in  his  decisions. 
Punctual  and  correct  as  a  lawyer,  he  was  prudent  and 
conscientious  as  a  judge ;  and  the  integrity  that 
guided  his  conduct  at  the  bar  kept  the  ermine  free 
from  spot  or  stain.  His  experience  in  the  office  of 
Mr.  Metcalfe  proved  of  great  service  to  him  in  this 
new  position.  His  familiarity  with  the  forms  and 
proceedings  in  criminal  trials,  and  with  the  principles 
of  criminal  law,  astonished  his  old  associates,  and  the 
leading  counsel  in  the  circuit  frequently  expressed 
their  surprise. 


512  ENOS    T.    THROOP. 

In  the  month  of  September,  1826,  William  Morgan, 
a  member  of  the  masonic  fraternity,  was  forcibly 
abducted  from  Canandaigua,  and  taken  to  Fort  Ni 
agara,  where  he  was  confined  for  several  days,  and 
then  suddenly  disappeared.  The  parties  concerned 
in  this  outrage  were  also  masons,  and  their  object 
was  to  prevent  the  publication  of  a  book  divulging 
the  secrets  of  the  order,  then  being  prepared  by  Mor 
gan.  The  fate  of  this  individual  is  still  shrouded  in 
mystery,  though  there  is  little  reason  to  doubt  that 
he  was  murdered,  perhaps  by  drowning  him  in  Lake 
Ontario,  without  the  jurisdiction  of  the  state  of 
New  York,  and  by  masons  from  Canada ;  his  original 
abductors  either  directly  or  indirectly  assenting  to  the 
act.  But  few  persons  were  concerned  in  the  abduc 
tion  and  subsequent  disposition  of  Morgan,  and  nothing 
has  ever  been  discovered  or  disclosed  tending  to  show 
that  it  was  done  with  the  consent  or  approbation  of 
any  recognized  power  or  authority  in  the  society. 

The  excitement  that  followed  the  disappearance 
of  Morgan  was  unparalleled,  particularly  in  western 
New  York  ;  and  it  ultimately  extended  to  other  states. 
As  fact  after  fact  was  divulged,  in  the  history  of 
the  abduction,  the  feelings  of  indignation  which  had 
been  aroused  gathered  additional  intensity.  The  story 
was  repeated,  not  always  without  the  embellishment 
of  fancy,  at  the  fireside  and  in  the  pulpit,  in  the  public 
journal  and  at  the  hustings.  Rumor  with  her  thou 
sand  tongues  invented  a  thousand  tales  of  horror. 


ANTIMASONRY.  513 

The  oaths  and  obligations  of  masonry  were  made  pub 
lic,  and  when  it  was  seen  what  powerful  instruments 
of  oppression  and  injustice  these  might  be  in  the  hands 
of  designing  men,  the  institution  was  declared  to  be 
a  dangerous  one.  The  masons  at  first  attempted  to 
withstand  the  tempest  of  popular  fury,  and  scouted 
the  idea  that  the  many  should  be  punished  for  the  guilt 
of  the  few.  But  the  current  was  far  too  powerful  to 
be  resisted.  The  members  of  the  order  seceded  by 
scores ;  one  lodge  after  another  surrendered  its  char 
ter  ;  and  finally,  the  order  dwindled  away  till  it  barely 
maintained  an  existence. 

This  movement  originated  with  the  people,  though 
demagogues  may  have  availed  themselves  of  it,  as  is 
always  the  case  with  such  excitements,  to  secure 
political  power.  The  masonic  order  had  been  a  popu 
lar  one ;  and  a  very  large  proportion  of  the  leading 
men  in  the  state,  of  both  political  parties,  were  mem 
bers  of  the  institution.  This  being  the  case,  most  of 
the  prominent  offices  were  held  by  them.  Its  influ 
ence,  too,  was  felt,  to  a  greater  or  less  extent,  in  all 
the  relations  of  life, — in  the  administration  of  justice, 
in  politics,  in  business,  and  in  religion.  All  these 
circumstances  tended  to  heighten  the  feelings  which 
had  been  enkindled,  and  the  opponents  of  masonry, 
who  called  themselves  anti-masons,  daily  added  to 
their  numbers.  Opposition  to  the  masonic  institution 
was  with  them  a  cardinal  virtue  and  principle ;  they 
carried  it  into  the  churches,  and  eventually  to  the  polls. 
22* 


514  ENOS    T.    THROOP. 

At  first  the  antimasons  were  not  a  political  party. 
But  they  desired  to  procure  the  repeal  of  the  act  of  in 
corporation  granted  to  the  Grand  Chapter  of  the  state 
by  the  legislature,  and  the  passage  of  a  law  prohibiting 
the  administration  of  extra  judicial  oaths  ;  and  they 
soon  found  that  it  was  impossible  for  them  to  accom 
plish  these  ends  without  taking  part  in  the  elections. 
In  the  early  stages  of  the  excitement  they  had  con 
tented  themselves  with  opposing  the  election  of  a  ma 
son  to  any  civil  office,  but  this  sort  of  negative  action 
was  attended  with  only  a  moderate  measure  of  suc 
cess.  Their  great  object — the  complete  overthrow 
and  prohibition  of  the  masonic  institution — could  not 
be  effected  without  combination  and  unity  of  effort. 
When  this  truth  became  evident,  disregarding  their  old 
political  associations  and  antecedents,  they  formed  a 
new  party,  known  as  the  Antimasonic  party,  and  made 
their  appearance  as  such,  for  the  first  time,  in  the  year 
1828.  This  party,  as  organized  in  western  New  York, 
was  composed  in  great  part  of  Clintonians,  with  a  large 
detachment  from  the  Bucktail  ranks. 

In  January,  1827,  several  persons  concerned  in  the 
Morgan  outrage  were  arraigned  before  Judge  Throop, 
at  the  Ontario  Oyer  and  Terminer,  on  an  indictment 
charging  them  with  conspiring  to  kidnap  Morgan. 
The  defendants,  with  one  exception,  plead  guilty,  and 
the  other  was  tried  and  convicted.  In  sentencing  them, 
the  Judge  denounced  the  conspiracy  and  outrage  in 
severe  and  eloquent  terms.  "  Your  conduct,"  he  said, 


ANTIMASONRY.  515 

"  has  created,  in  the  people  of  this  section  of  the  coun 
try,  a  strong  feeling  of  virtuous  indignation.  The 
court  rejoices  to  witness  it, — to  be  made  certain  that 
a  citizen's  person  cannot  be  invaded  by  lawless  vio 
lence,  without  its  being  felt  by  every  individual  in  the 
community.  It  is  a  blessed  spirit,  and  we  do  hope  that 
it  will  not  subside ;  that  it  will  be  accompanied  by  a 
ceaseless  vigilance  and  untiring  activity,  until  every 
actor  in  this  profligate  conspiracy  is  hunted  from  his 
hiding-place,  and  brought  before  the  tribunals  of  his 
country,  to  receive  the  punishment  merited  by  his 
crime."  Judge  Throop  was  not  a  mason,  neither  was 
he  an  antimason,  but  these  remarks,  appropriate  as 
they  were  to  the  occasion,  were  entirely  satisfactory 
to  the  best  friends  of  the  institution,  and  at  the  same 
time  secured  him  the  respect  and  esteem  of  its  oppo 
nents.  They  showed  that  he  occupied  an  impartial 
position ;  being  satisfied  that  a  great  crime  had  been 
committed,  he  was  disposed  to  punish  the  perpetrators, 
but  not  to  attack  an  institution  because  there  were  bad 
men  among  its  members ;  while  he  was  not  bigotted 
on  the  one  hand,  he  was  not  prescriptive  on  the  other. 
This  moderate  and  neutral  position  did  not  satisfy  the 
antimasons,  as  we  shall  see,  when  they  became  a  polit 
ical  party,  and,  consequently,  they  were  afterward  po 
litically  hostile  to  him. 

While  he  occupied  the  station  of  a  judge,  Mr. 
Throop  avoided  any  active  interference  in  politics, 
though  all  the  while  known  and  recognized  as  a  mem- 


516  ENOS    T.    THROOP. 

ber  of  the  Bucktail  or  democratic  party.  In  1827, 
with  nearly  all  his  old  political  friends,  he  took  ground 
in  favor  of  the  election  of  General  Jackson  to  the  pres 
idency.  It  was  not  his  intention,  nor  his  wish,  ever 
again  to  enter  the  arena  of  party  strife.  He  had  long 
cherished  a  desire  to  engage  in  agricultural  pursuits, 
and  when  he  found  that  his  judicial  duties  were  not  in 
compatible  with  a  country  life,  he  gladly  consummated 
it,  under  circumstances  that  placed  him  above  want. 
In  1826,  he  changed  his  residence  from  Auburn  to  his 
beautiful  farm  of  Willow  Brook,  on  Owasco  Lake, 
which,  though  now  an  inhabitant  of  another  state,  he 
still  regards  as  his  home.  Here,  in  peace  and  quiet,  he 
hoped  to  spend  the  remainder  of  his  days ;  but  his  ex 
pectations  were  not  destined  to  be  fulfilled. 

In  the  summer  of  1828  he  was  solicited  by  Mr. 
Van  Buren  and  other  political  friends,  to  become  a 
candidate  for  lieutenant-governor  on  the  same  ticket 
with  that  gentleman.  The  proposition  made  to  him 
was,  in  effect,  that  he  should  become  governor,  for 
there  appeared  little  doubt  of  the  success  of  the  Jack 
son,  or  democratic  party,  in  the  state  and  nation  ;  and 
it  was  confidently  expected  that  Mr.  Van  Buren  would 
be  invited  to  take  a  place  in  the  cabinet.  Fully  recog 
nizing  his  obligations  to  the  party  of  which  he  was  a 
member,  and  not  indifferent  to  the  high  honor  thus  ten 
dered  him,  he  reconsidered  his  determination  to  with 
draw  from  political  life,  and  consented,  though  with 
reluctance,  to  become  a  candidate  for  the  nomination. 


BECOMES  ACTING  GOVERNOR.          517 

At  the  Herkimer  Convention,  in  September,  1828, 
Mr.  Van  Buren  and  Mr.  Throop  were  accordingly 
put  in  nomination,  for  the  offices  of  governor  and  lieu 
tenant-governor,  and  the  latter  immediately  thereafter 
resigned  the  judgeship,  in  order  to  render  himself  eligi 
ble.  The  election  resulted  ia  the  success  of  the  demo 
cratic  ticket.  Mr.  Throop's  majority  over  Francis 
Granger,  the  national  republican  or  Adams  candidate, 
in  the  county  of  Cayuga,  was  nearly  two  thousand, 
and  in  the  state  at  large  upwards  of  twenty-eight 
thousand.  The  antimasonic  candidate,  John  Crary, 
received  nearly  thirty-four  thousand  votes. 

On  the  first  of  January,  1829,  Mr.  Throop  took  the 
oath  of  office,  as  lieutenant-governor,  but  he  had  only 
just  become  familiar  with  the  routine  of  his  duties  as 
presiding  officer  of  the  Senate,  when  Mr.  Van  Buren 
resigned  the  office  of  governor  on  receiving  the  ap 
pointment  of  secretary  of  state.  Mr.  Throop  now  be 
came  the  acting  governor ;  and  he  took  leave  of  the 
Senate  on  the  12th  of  March,  properly  availing  him 
self  of  the  occasion  to  deliver  an  address  setting  forth 
the  general  principles  upon  which  he  should  adminis 
ter  the  executive  duties  devolving  upon  him.  His 
position  was  a  peculiar  one.  For  several  years  he 
had  been  entirely  withdrawn  from  political  life ;  new 
men  had  appeared  on  the  stage  since  the  adoption  of 
the  constitution  of  1821 ;  and  it  was  natural  that  he 
should  be  viewed  something  in  the  light  of  an  intruder 
by  those  who  had  been  accustomed  to  look  to  others  as 


518  ENOS    T.    THROOP. 

the  dispensers  of  official  patronage.  By  the  death  of 
Mr.  Clinton,  this  party  was  disbanded ;  and  as  the 
republicans  had  lost  considerable  strength  by  means 
of  the  antimasonic  excitement,  it  was  evident  that 
they  could  not  sustain  themselves  without  accessions 
from  the  Clin Ionian  party.  Governor  Throop  seems 
to  have  had  this  consideration  in  view  in  his  address, 
and  attempted  to  rally  the  old  esprit  du  cw*ps  of  the 
republican  party  by  reviving  its  differences  with  their 
ancient  opponents,  the  federalists  of  1798  and  1812. 
He  also  alluded  to  the  excitement  on  the  subject  of 
masonry,  and  intimated  that,  in  his  opinion,  unless 
there  were  some  great  and  important  objects  to  be 
secured  by  the  institution,  it  should  be  dissolved,  be 
cause  it  could  not  continue  to  exist  except  as  a  source 
of  "  useless  irritation." 

In  regard  to  the  appointing  power,  also,  Mr.  Throop's 
position  was  one  of  great  delicacy.  Most  of  the 
offices  in  the  state  were  filled  by  the  friends  of  Mr. 
Clinton,  who,  with  him,  had  been  in  favor  of  General 
Jackson.  But  the  Bucktails  constituted  the  principal 
strength  of  the  democratic  party,  and  it  was  impossible 
to  deny  them  a  fair  participation  in  the  results  of  the 
victory  which  they  had  aided  in  achieving.  Governor 
Throop,  however,  managed  with  great  tact  and  ad 
dress,  and  in  a  manner  well  Calculated  to  strengthen 
the  party  of  which  he  had  now  become  the  nominal 
head. 

When  Governor  Throop  entered  upon  the  discharge 


THE  LATERAL  CANALS.  519 

of  the  gubernatorial  duties,  the  legislature  had  made 
considerable  progress  upon  the  Safety-fund  law,  and 
he  had  the  satisfaction  of  signing  and  approving  it. 
One  other  question,  of  much  importance  in  its  bearings 
upon  his  political  fortunes,  and  those  of  the  democratic 
party,  was  discussed  at  the  regular  session  of  the  legis 
lature,  in  1829. 

Before  the  completion  of  the  Erie  and  Champlain 
Canals,  various  sectional  interests  sprung  up,  having  in 
view  the  construction  of  lateral  works  of  the  same 
character.  The  most  important  of  these  were  known, 
in  the  subsequent  legislation  of  the  state,  as  the  Black 
River,  Genesee  Valley  and  Chenango  Canals.  The 
last  was  the  pioneer  project,  and  the  inhabitants  re 
siding  on  the  route  along  which  it  was  proposed  to  be 
constructed  were  warmly  enlisted  in  its  favor.  For 
several  years  their  favorite  measure  was  pressed  upon 
the  legislature,  but  without  success.  A  majority  of 
the  canal  board,  including  Samuel  Young,  William  L. 
Marcy  and  Azariah  C.  Flagg,  who  had  for  some  time 
been  its  most  active  and  influential  members,  were 
opposed  to  the  construction  of  the  Chenango  Canal, 
because  they  thought  that  the  public  debt  ought  to  be 
first  extinguished,  and  a  surplus  revenue  accumulated 
sufficient  to  discharge  all  the  liabilities  that  it  might  be 
necessary  to  incur.  In  the  winter  of  1829,  Mr.  Marcy 
was  transferred  to  the  bench  of  the  Supreme  Court, 
but  his  place  as  comptroller  was  filled  by  Silas  Wright, 
who  entertained  similar  views. 


520  ENOS    T.    THROOP. 

At  the  session  of  1829,  the  Chenango  Canal  project 
was  again  discussed  with  much  earnestness,  and  a  bill 
was  introduced  authorizing  the  construction  of  the 
work.  It  was  obvious,  from  the  tone  and  character 
of  the  debates,  that  there  were  two  sets  of  opinions 
prevailing  among  the  republican  members ;  one  party 
concurring  with  the  majority  of  the  canal  board,  and 
the  other  believing  that  if  a  work  promised  to  benefit 
any  considerable  portion  of  the  state,  it  ought  to  be 
constructed,  even  if  it  became  necessary  to  use  the 
public  credit.  The  friends  of  the  Chenango  Canal 
insisted  that  it  would  be  a  source  of  revenue  to  the 
state;  but  this  was  denied  by  its  opponents,  who 
affirmed  that  it  would  never  repay  the  cost  of  its 
construction.  Extreme  opinions,  adverse  to  the  con 
struction  of  the  canal,  in  any  event,  were  held  by 
some  of  the  opponents  of  the  measure,  but  most  of 
them  expressed  themselves  willing  to  have  the  work 
constructed,  at  once,  if  the  public  debt  would  not  be 
increased,  and  if  that  were  impossible,  then  that  it 
should  be  postponed  till  the  state  had  sufficient  surplus 
funds  to  be  expended  on  works  of  internal  improve 
ment.  These  last  were  probably  the  sentiments  of 
Mr.  Van  Buren  and  Mr.  Throop,  though  neither  the 
former,  in  his  annual  message,  nor  the  latter,  in  his 
address  to  the  Senate,  committed  himself  upon  the 
question.  At  a  subsequent  day,  Governor  Throop 
expressed  his  views  at  length ;  and  they  may  properly 
be  inserted  here,  though  not  in  strict  chronological 


VIEWS    ON    FINANCIAL    POLICY.  521 

order.  In  his  annual  message  in  1831,  he  referred  at 
length  to  the  then  exhausted  condition  of  the  general 
fund,  the  subject  of  internal  improvements  and  the 
financial  policy  of  the  state,  in  the  following  lan 
guage  : 

"No  government  can  be  administered  without  money,  and  the 
means  of  defraying  its  expenses  must  in  some  shape  be  furnished  by 
those  for  whose  benefit  it  is  administered.  It  therefore  becomes 
necessary  to  consider  from  what  sources  our  exhausted  treasury  can 
be  replenished.  This  involves  an  inquiry  into  the  means  placed  at  the 
disposal  of  the  legislature  for  that  purpose.  These  means  are  taxa 
tion,  or  loans  on  the  credit  of  the  government.  If  money  is  borrowed, 
the  interest  must  be  paid,  and  eventually  the  capital.  If  in  addition 
to  the  current  annual  disbursements,  the  money  to  pay  the  interest  on 
previous  loans  must  also  be  borrowed,  it  is  obvious  that  with  com 
pound  interest  there  will  be  a  rapid  accumulation  of  debt,  and  the 
public  creditor  will  ultimately  require  some  further  security  for  his 
loans,  than  the  credit  of  the  state.  Such  measures  would  result  in 
impaired  public  credit ;  taxation  could  not  long  be  delayed ;  and  it  is 
to  be  feared,  that  when  it  becomes  necessary  to  levy  upon  the  people 
the  amount  of  the  current  expenses,  together  with  the  interest  accru 
ing  upon  debts  incurred  for  the  expenses  of  preceding  years,  swelled 
by  compound  interest,  the  taxation  will  be  found  burdensome  and  may 
become  perpetual. 

"  There  is  no  mystery  in  financial  operations,  save  what  ingenious 
men  have  found  necessary  to  throw  around  them,  to  conceal  their  own 
measures  from  the  public  knowledge.  "What  would  be  said  of  a  farmer 
who  should  thus  manage  his  private  concerns,  and  trust  to  borrowing 
on  the  credit  of  his  farm,  for  the  annual  expenses  of  his  living,  instead 
of  deriving  support  from  it  by  his  earnings  ? 

"  I  should  be  wanting  in  duty,  if  I  should  forbear  to  pursue  this 
interesting  subject  still  further,  for  I  deem  it  of  vital  importance.  We 
are  still  a  young  nation,  and  have  experienced  nothing  but  increasing 


522  ENDS    T.    THROOP. 

prosperity ;  and  having  now  arrived  at  a  point  where  our  treasury 
must  be  permanently  supplied,  or  a  hazardous  experiment  upon  our 
own  credit  made,  it  is  our  own  fault  if  we  do  not  chooee  that  alterna 
tive  which  we  know  to  be  safe,  and  to  which  common  prudence  directly 
points. 

"  As  we  have  but  little  to  appeal  to,  in  our  own  experience,  we 
should  not  shut  our  eyes  to  the  light  reflected  by  the  history  of  other 
nations.  An  able  English  historian,  in  noticing  a  temporary  debt, 
created  in  the  reign  of  Henry  the  Sixth,  makes  the  following  remarks : 
'  The  first  instance  of  a  debt  contracted  upon  parliamentary  security, 
occurs  in  this  reign.  The  commencement  of  this  practice  deserves  to 
be  noted ;  a  practice  the  more  likely  to  become  pernicious,  the  more 
a  nation  advances  in  opulence  and  credit  The  ruinous  effects  of  it 
are  now  become  too  apparent,  and  threaten  the  very  existence  of  the 
nation.' 

"  Shortly  before  the  commencement  of  the  last  century,  when  "Wil 
liam  the  Third  came  to  the  throne,  and  found  it  necessary,  in  order  to 
defend  his  continental  possessions,  and  to  restrain  the  ambition  of 
France,  to  have  more  money  than  could  be  raised  by  the  ordinary 
means  of  revenue,  a  resort  was  first  had  to  temporary  loans,  pledging 
the  annual  income  to  repay  them.  As  this  necessity  for  money  con 
tinued  from  year  to  year,  the  debt  was  left  unpaid,  and  the  revenues 
were  appropriated  to  pay  the  interest  of  it ;  and  it  then  occurred  to 
his  ingenious  financiers  that  a  national  debt  was  a  national  blessing. 
Thus,  within  eight  years  after  he  ascended  the  throne,  a  public  debt 
had  accumulated,  equal  in  amount  to  one  hundred  millions  of  dollars. 
To  pay  the  interest  of  that  debt,  and  to  defray  the  current  expenses 
of  the  government,  independently  of  indirect  taxation  by  means  of 
customs,  direct  taxes  were  imposed  upon  the  people  in  every  possible 
shape.  They  were  imposed  upon  their  persons,  upon  the  value  of 
their  real  and  personal  property,  upon  their  income,  upon  their  stock 
in  trade,  upon  births  and  burials,  upon  beer,  cider,  perry,  and  all  the 
productions  of  industry,  commercial,  manufacturing  and  agricultural. 
These  taxes  have  been  continued,  and  additional  ones  imposed  upon 
every  new  object,  created  by  the  trade  or  industry  of  the  nation,  as  it 


VIEWS    ON    FINANCIAL    POLICY.  523 

was  developed,  until  the  British  empire,  with  a  population  of  twenty- 
two  millions  of  persons,  is  burthened  with  a  debt  amounting  to  about 
three  thousand  five  hundred  millions  of  dollars. 

"It  is  an  extraordinary  fact,  and  shows  the  evils  which  a  mal 
administration  may  bring  upon  a  community,  that  the  period  of  time 
which  enlarged  the  constitutional  privileges  of  the  English  people, 
gave  birth  to  legislative  measures  which  drew  a  new  line  of  distinction 
between  the  people,  and  divided  them  into  public  creditors  and  labor 
ers.  All  the  wealth  of^the  nation  has  been  grasped  by  the  compara 
tively  few  holders  of  government  stock,  and  the  privilege  to  support 
them,  by  the  earnings  of  their  labor,  is  nearly  all  that  has  been  left 
to  the  many. 

"  When  we  look  at  our  means  of  raising  revenue,  it  will  be  per 
ceived  that  a  state  debt  is  a  mortgage  upon  the  persons,  the  property 
and  the  industry  of  our  citizens,  and  the  public  creditor  will  soon  call 
for  a  contribution  from  those  sources.  With  our  present  laws,  which 
secure  to  every  man  the  enjoyment  of  the  profits  of  his  industry, 
talents  and  ingenuity,  we  can  look  without  concern  or  envy  upon  the 
greatest  amount  of  wealth  which  any  individual  has  accumulated  by 
industry  and  economy.  He  has  a  right  to  enjoy  it,  and  it  will  be 
soon  distributed  by  his  successors.  But  there  is  great  danger  in 
creating  a  mass  of  wealth,  in  the  hands  of  individuals,  which  suffers 
no  diminution,  but  accumulates  from  generation  to  generation,  sus 
tained  by  the  industry  of  the  country  and  guaranteed  by  the  laws. 
We  have  in  vain  abolished  entails,  if  a  more  durable  species  of  prop 
erty  is  created,  levying  contributions,  not  by  rents,  but  by  means  of 
taxes. 

"  It  is  a  plausible  doctrine,  which  has  been  urged  with  some  success, 
that  it  is  no  matter  how  much  money  is  expended  by  government, 
provided  it  is  employed  upon  suitable  enterprises  for  improving  our 
internal  condition ;  because  the  money  remains  among  the  people,  and 
gives  them  employment.  This  is  indeed  true, when  the  money  is  disbursed 
from  a  full  treasury.  But  when  the  money  expended  is  borrowed 
of  individuals,  on  state  security,  and  interest  is  to  be  paid  for  its  use, 
to  be  collected  by  taxation,  upon  the  annual  products  of  the  labor  of 


524  ENOS    T.    THROOP. 

the  people,  the  money  remains  among  us ;  the  aggregate  wealth  of 
the  country  may  be  increased,  but  it  is  unequally  divided ;  an  undue 
proportion  goes  into  the  hands  of  the  few  who  monopolize  the  stock, 
while  the  remainder  of  the  people  are  impoverished  by  the  operation. 

"  I  have  entered  into  much  detail  upon  this  important  subject,  from 
a  deep  conviction  that  it  is  too  intimately  connected  with  the  public 
welfare  to  be  lightly  passed  over,  and  that  the  time  has  now  arrived, 
when  it  becomes  a  duty  of  the  people  to  understand  and  reflect  upon 
this  matter.  I  have  been  placed  at  the  head  of  the  government  at  a 
period  when  it  must  determine  upon  the  policy  to  be  pursued,  in  a 
new  and  untried  state  of  things.  Hitherto  the  state  has  been  rich  in 
lands  and  public  funds,  and,  aided  by  taxes  which  have  ceased,  it  has 
been  able  to  meet  the  payment  of  temporary  loans,  the  revolutionary 
claims,  and  the  annual  expenses  of  administering  the  government. 
This  public  property  is  now  nearly  exhausted,  not  by  the  ordinary 
expenses,  but  by  contributions  to  public  works,  and  as  the  basis  of 
special  funds. 

"Internal  improvements,  by  means  of  canals  and  railroads,  have  be 
come  fixed  objects  of  legislative  care,  and  are  among  the  most  inter 
esting  subjects  which  will  claim  your  attention.  Their  influence  in  di 
versifying  the  pursuits  of  labor,  and  equalizing  the  value  of  its  pro 
ducts,  in  adding  to  individual  and  aggregate  wealth,  stimulating  enter 
prise,  and  binding  society  together  in  ties  of  amity  and  interest,  is  not 
only  acknowledged  in  theory,  but  has  been  practically  demonstrated 
by  our  experience.  These  considerations  will  induce  you  to  examine 
with  industry  and  lively  solicitude,  into  the  means  within  your  control 
for  their  further  prosecution.  Our  country  is  peculiarly  well  adapted 
to  the  construction  of  canals  and  railroads,  and  affords  in  all  directions, 
from  its  soil,  its  forests  and  its  mines,  those  ponderous  protections, 
which  owe  most  of  their  value  in  market  to  the  cheapness  of  tran 
sportation.  Each  of  these  modes  of  communication  has  its  peculiar 
merit,  and  is  yet  susceptible  of  much  improvement.  It  remains  to  be 
seen  what  elevations  of  surface  may  be  overcome  by  stationary  power, 
as  part  of  the  line  of  a  canal, — an  improvement  deserving  more  atteo- 


VIEWS    ON    FINANCIAL    POLICY.  525 

tion  from  those  conversant  with  such  subjects,  than  it  seems  to  have 
received.  *  *  *  * 

"  While  canals,  peculiarly  adapted  to  the  transportation  of  bulky  ar 
ticles,  may  be  made  in  suitable  situations,  railroads,  on  account  of  their 
fitness  for  rapid  transmission,  too  perate  at  seasons  when  canals  are  use 
less,  and  perhaps  to  overcome  elevations  insurmountable  by  them,  will, 
no  doubt,  in  future  times,  be  extensively  distributed  throughout  the 
state.  There  are  few  obstacles  in  any  part  of  the  state,  which  may  not 
be  overcome  by  one  or  the  other  of  these  improvements.  An  enlight 
ened  popular  government  cannot  fail  to  discover  the  advantages  of 
such  works,  and  is  well  fitted  to  prosecute  them  judiciously.  As  the 
people  contribute  the  means  for  their  construction,  they  will  not  fail  to 
discover  the  proper  period  for  commencing  them,  and  the  extent  to 
which  they  should  be  carried.  The  successful  experiment  which  has  al 
ready  been  made,  while  it  has  shed  glory  upon  the  state,  affords  a  stim 
ulus  for  the  prosecution  of  similar  enterprises ;  and  it  is  not  surprising, 
that  some  parts  of  the  state,  supposed  to  be  peculiarly  adapted  by 
nature  to  receive  these  helps  from  art,  should  exhibit  an  impatience  for 
their  immediate  commencement.  But  any  disposition  that  may  be  mani 
fested  to  enter  prematurely  upon  the  prosecution  of  these  works,  will 
be  restrained  by  the  cooler  judgment  of  those  parts  of  the  state, 
which  are  called  upon  to  contribute  to  the  expense,  but  which  partici 
pate  indirectly  only  in  their  advantages. 

"  In  determining  upon  the  expediency  of  beginning  any  new  work,  it 
will  be  proper  to  consider  its  public  benefits,  its  probable  returns  of 
revenue,  and  the  means  of  the  state.  If  the  state  possesses  funds  for 
the  object,  without  imposing  any  burdens  upon  the  people,  it  will  be 
sufficient  to  look  at  its  bearings  upon  the  public  prosperity,  without 
reference  to  revenue.  If  the  state  should  not  be  in  that  condition, 
then  it  is  necessary,  preliminarily,  to  ascertain,  with  considerable  ex 
actness,  that  it  will  contribute,  in  tolls,  sufficient  to  pay  for  necessary 
repairs,  and  attendance,  the  interest  of  the  debt  to  be  created  on  its  ac 
count,  and,  within  a  reasonable  time,  the  principal.  If  it  will  not  do 
this,  then  your  duty  requires  you  to  determine  whether  the  people  will 
consent  to  be  taxed  to  make  up  the  deficiency  of  its  revenue,  and  if  so, 


526  ENOS    T.    THROOP. 

to  impose  such  tax,  cotemporaneously  with  the  act  authorizing  its  con 
struction.  Acting  under  a  due  sense  of  the  importance  of  these  pre 
cautionary  considerations,  I  do  not  doubt  that  your  measures  will 
satisfy  the  reasonable  desire  of  the  public  to  continue  the  march  of  in 
ternal  improvement. 

"  The  Erie  Canal  passes  through  the  centre,  uniting  the  tide-waters 
.of  the  Hudson  with  Lake  Erie,  and  affords  the  means  of  an  easy  inter 
change  of  commodities  between  the  different  parts  of  the  state,  and  an 
opening  to  our  great  commercial  city,  for  the  trade  of  the  Canadas  and 
the  states  bordering  upon  the  upper  lakes.  By  means  of  smaller 
•works,  completed  and  in  progress,  we  have  connected  its  advantages 
with  the  navigation  of  the  Ontario,  Champlain,  Onondaga,  Cayuga, 
Seneca,  and  Crooked  lakes,  and  the  western  branch  of  the  Susque- 
hannah  river.  Having  thus,  since  the  year  1817,  opened  communica 
tions  between  all  our  cities,  and  nearly  all  our  interior  navigable 
waters,  we  cannot  take  to  ourselves  the  reproach  that  the  march  of  in 
ternal  improvement  has  been  slow,  or  harbor  the  thought  that  its  fur 
ther  progress  is  to  be  arrested. 

"  The  Erie  and  Champlain  canals  were  projected  with  great  wisdom, 
and  at  their  commencement  an  appropriation  was  made  for  them  from 
the  general  fund,  which  has  been  sufficient,  at  all  times,  to  pay  the  in 
terest  of  the  monies  borrowed.  The  credit  of  the  state  waa  thereby 
so  firmly  established,  that  for  all  the  later  loans,  to  more  than  half  the 
whole  amount,  capitalists  were  induced  to  pay  a  premium  upon  five 
per-cent  stock.  Those  canals  have  drawn  from  the  funds  of  the  state, 
to  the  amount  only  of  the  duties  upon  salt,  and  sales  at  auction ;  and 
their  successful  operation  promises,  that  they  will  speedily  pay  their 
debt,  provided  the  constitutional  protection  of  their  fund  is  duly  re 
spected.  When  that  period  arrives,  the  revenues  from  salt  and  auction 
duties,  and  tolls  of  the  Erie  and  Champlain  canals,  will  be  under  the 
exclusive  control  of  the  legislature.  How  far  it  will  then  be  deemed 
public  justice  or  good  policy  to  reduce  the  amount  of  the  tolls,  or  to 
continue  them  for  the  purpose  of  extending  our  works  of  internal  im 
provement,  will  depend  entirely  upon  the  future  representatives  of  the 
people." 


PASSAGE    OF    THE    CANAL    BILL.  527 

The  friends  of  the  Chenango  Canal  would  be  con 
tent  with  nothing  but  the  immediate  construction  of 
the  work,  and  on  the  24th  of  March,  1829,  an  act  was 
finally  passed  authorizing  the  canal  commissioners  to 
proceed  with  the  work,  provided,  however,  that  an 
adequate  supply  of  water  could  be  obtained  without 
taking  it  from  the  streams  that  supplied  the  Erie  Canal ; 
that  the  cost  should  not  exceed  one  million  of  dollars ; 
and  that  the  canal  should  produce  to  the  state,  within 
the  first  ten  years  after  its  construction,  an  amount  of 
tolls  equal  to  the  interest  on  its  costs,  over  and  above 
the  repairs  and  expenses.  Coupled  wjth  these  condi 
tions,  the  bill  harmonized  with  the  views  of  Governor 
Throop,  and  he  cheerfully  affixed  his  signature  to  the 
bill. 

These  conditions  were  based  upon  the  representa 
tions  of  the  friends  of  the  Canal  bill,  but  they  were  not 
entirely  satisfactory  to  them  ;  and  when  the  canal 
commissioners  reported,  in  January,  1830,  that  the 
work  would  require  an  outlay  of  more  than  one  million 
of  dollars,  and  that  it  would  not  produce  an  amount  of 
tolls,  in  connection  with  the  increased  tolls  on  the  Erie 
canal,  equal  to  the  interest  of  its  cost,  and  the  expense 
of  repairs  and  superintendence,  or  of  either  of  them, 
they  no  longer  relied  upon  their  representations,  but 
insisted  that  the  work  was  a  great  public  benefit,  and 
protested  against  the  imposition  of  any  conditions  that 
should  defeat  its  speedy  construction. 

Governor  Throop  had  been  solicited,  when  his  name 


528  KNOS    T.    THROOP. 

was  first  proposed  as  a  candidate  for  lieutenant-gov 
ernor,  by  his  political  friends  in  Broome  and  Chenango, 
for  an  expression  favorable  to  the  canal  project  in 
which  they  were  so  deeply  interested.  He  refused  to 
comply  with  their  request,  and  for  that  reason  ran  be 
hind  Mr.  Van  Buren  more  than  thirteen  hundred  votes 
in  those  two  counties.  When  he  became  acting  gov 
ernor,  and  during  his  second  term,  he  was  repeatedly 
urged  to  forego  his  opposition  to  the  proposed  canal, 
but  he  firmly  resisted  all  importunities,  sometimes  un 
der  circumstances  that  severely  tested  his  fidelity  to 
his  principles.  At  every  session  of  the  legislature, 
while  he  held  the  reins  of  government,  the  subject  was 
pressed  upon  the  consideration  of  members  with  a  per 
tinacity  and  zeal  that  appeared  to  deserve  success.  In 
1832,  a  bill  at  length  passed  the  Senate,  but  it  was  lost 
in  the  Assembly.  This,  of  course,  was  the  last  effort 
made  during  his  administration. 

The  first  annual  message  of  the  acting  governor  was 
delivered  to  the  legislature  at  the  annual  session  com 
mencing  in  January,  1830.  It  was  an  able  paper,  lucid 
in  its  arrangements,  clear  in  its  statements,  and  credit 
able  to  the  writer  as  a  statesman  and  as  a  man  of  busi 
ness.  His  recommendations  were  highly  valuable  and 
important.  They  were  principally  confined  to  mat 
ters  of  internal  police,  and  among  them  was  one  urg 
ing  upon  the  legislature,  in  language  that  indicated  the 
sincerity  of  his  philanthropy  and  the  warmth  of  his 
benevolence,  the  importance  of  making  suitable  provi- 


THE    LUNATIC    ASYLUM.  529 

sion  for  the  comfort  of  the  insane  poor,  whose  condi 
tion  at  that  time,  as  he  well  remarked,  was  calculated 
to  excite  feelings  of  horror.  Other  matters  of  legisla 
tion,  however,  seem  to  have  diverted  the  attention  of 
members  from  this  subject,  but  he  pressed  it  again  and 
again  in  his  annual  messages,  and  it  is  owing  chiefly 
to  his  urgent  recommendations,  that  the  Lunatic 
Asylum,  which  ranks  so  high  among  the  noble  chari 
ties  of  our  state,  was  finally  established. 

He  also  recommended  a  revision  of  the  criminal 
code  of  the  state,  the  many  defects  in  which  his  expe 
rience  on  the  bench  had  enabled  him  to  discover. 
With  a  view  to  the  prevention  of  crime,  he  advised 
that  the  fostering  care  and  patronage  of  the  state 
should  continue  to  be  extended,  if  possible,  with  greater 
liberality  to  the  common  schools  and  other  seminaries 
of  learning.  In  all  his  subsequent  messages  this  idea 
occupied  a  prominent  place,  thus  showing  how  near 
the  cause  of  education,  and  the  consequent  improve 
ment  in  the  character  and  habits  of  the  rising  genera 
tion,  was  to  his  heart. 

His  review  of  the  financial  condition  of  the  state 
was  clear  and  concise.  It  appeared,  from  the  message, 
that  the  general  fund  had  diminished  since  1826,  from 
about  two  million  six  hundred  thousand  dollars,  to  a  little 
over  one  million  three  hundred  thousand  dollars.  This 
fund  was  originally  accumulated  during  the  adminis 
tration  of  George  Clinton,  from  the  sale  of  the  public 
lands,  and  it  was  relied  upon,  to  a  greater  or  less 

23 


34 


530  ENOS    T.    THRQOP. 

extent,  to  furnish  the  means  to  defray  the  ordinary 
expenses  of  government  without  resorting  to  a  direct 
tax.  It  had  been  the  policy  of  all  the  prominent  men 
in  the  bucktail  and  republican  party  to  keep  this  fund 
intact,  and  when  the  war  of  1812  occasioned  extra 
ordinary  charges  upon  the  fund,  a  tax  of  two  mills 
upon  every  dollar  of  the  valuation  of  the  taxable 
property  of  the  state,  was  imposed  by  a  law  passed  in 
1814.  As  the  auction  and  salt  duties  were  set  apart 
and  pledged  for  the  payment  of  the  canal  debt,  this 
tax  was  continued  after  the  construction  of  the  Erie 
and  Champlain  canals  was  commenced,  but  it  was 
reduced  in  1818  to  one  mill.  In  1824  a  further  re 
duction  was  made  of  half  a  mill,  and  in  1827  the  tax 
was  entirely  removed,  against  the  remonstrances, 
however,  of  Comptroller  Marcy,  and  other  leading 
members  of  the  canal  board.  Governor  Throop  re 
commended,  therefore,  that  a  direct  tax  should  be 
imposed  for  the  restoration  and  preservation  of  the 
capital  of  the  general  fund,  or,  in  default  of  that,  that 
some  other  means  to  that  end  should  be  devised. 

He  recommended  no  additional  improvements  by 
roads  or  canals ;  but  in  connection  with  the  subject 
of  the  extension  of  the  public  works,  he  referred  to 
the  contemplated  distribution  of  the  surplus  revenue 
among  the  states,  which  General  Jackson  had  re 
commended,  and  against  which  he  thought  there  was 
no  valid  objection,  unless  it  might  be  of  a  constitu 
tional  character,  that  could  be  removed  by  amend- 


FIRST    ANNUAL    MESSAGE. 


531 


ment ;  and  from  this  source,  in  his  opinion,  a  consid 
erable  augmentation  of  the  funds  of  the  state,  applica 
ble  to  objects  of  internal  improvement,  might  be 
reasonably  anticipated. 

It  had  long  been  a  matter  of  reproach  to  the  legis 
lation  of  New  York,  that  it  was  influenced  by  out 
of  door  interests,  by  selfish  and  designing  men,  who 
hovered  like  cormorants  about  the  capitol,  bargaining 
for  grants  and  charters,  and  monopolies  and  special 
favors  of  every  kind  and  character.  Governor  Throop 
had  nothing  in  his  nature  that  sympathized  with  in 
triguers.  He  had  a  great,  almost  an  instinctive  dread 
of  the  old  lobby  corps  ;  he  touched  them  pretty  sharply 
at  the  close  of  his  first  message,  and  it  would  seem 
that  he  never  lo^t  sight  of  them,  while  he  remained 
in  office,  except  as  they  kept  out  of  his  wav. 

Antimasonry  became  an  important  element  in  the 
politics  of  New  York.  Notwithstanding  the  efforts 
made  by  the  antimasons  and  by  the  authorities  of  the 
state,  to  penetrate  the  mystery,  the  actual  murderers 
of  William  Morgan  were  never  discovered.  The  laws 
of  the  state,  previously  in  force,  had  provided  no 
adequate  punishment  for  the  offence  of  kidnapping  a 
white  person,  and  consequently  those  who  were  con 
cerned  in  the  abduction,  and  convicted  of  the  con 
spiracy  charged  against  them,  were  but  slightly  pun 
ished.  This  did  not  satisfy  the  antimasons.  The 
excitement  was  intense,  and  it  required  something  on 
which  to  spend  its  energies.  Almost  all  the  lodges 


532  ENOS   T.    THROOP. 

in  the  state  surrendered  their  charters,  but  the  anti- 
masons  were  not  yet  content.  They  desired  to  blot 
out  the  name  of  masonry  from  under  heaven,  and  to 
avenge  the  murdered  Morgan.  At  first  they  indig 
nantly  disclaimed  the  idea  of  seeking  to  secure  polit 
ical  power,  but  as  they  could  only  effect  the  com 
plete  overthrow  of  the  masonic  institution,  as  they 
thought,  by  means  of  legislation,  they  were  ultimately 
forced,  from  a  sort  of  necessity,  to  enter  the  arena  of 
party  strife.  Every  year  witnessed  them  growing 
stronger  and  stronger.  The  national  republicans,  as 
the  political  friends  of  Mr.  Adams  and  Mr.  Clay  were 
called,  kept  aloof  from  them  for  several  years,  but 
they  were  finally  swallowed  up,  and  the  new  organ 
ization,  formed  by  the  union  of  their  forces  in  1832, 
became  the  whig  party  of  the  state. 

The  Chenango  Canal  interest  early  took  the  field, 
to  prevent  the  nomination  of  Mr.  Throop  for  the  office 
of  governor  in  1830.  Their  favorite  was  Erastus 
Root,  who  long  occupied  a  prominent  place  in  the 
politics  of  the  state.  The  Herkimer  convention 
assembled  on  the  8th  of  September,  and  Mr.  Throop 
received  ninety-three  votes  on  the  first  ballot  to  thirty 
given  for  Mr.  Root.  The  delegates  from  the  Che 
nango  Canal  seemed  at  once  inclined  to  continue  their 
opposition  to  Mr.  Throop  after  the  nomination  had 
been  made,  but  they  finally  assented  to  the  customary 
resolution  declaring  it  unanimous.  Edward  P.  Liv- 


A  CANDIDATE  FOR  GOVERNOR.         533 

ingston,  of  Columbia  county,  was  nominated  on  the 
democratic  ticket  for  lieutenant-governor. 

Francis  Granger,  of  Ontario  county,  and  Samuel 
Stevens,  of  New  York,  were  put  in  nomination  by  the 
antimasons,  for  governor  and  lieutenant-governor. 
They  were  also  supported  by  the  great  majority  of  the 
national  republicans.  During  the  winter  previous,  a 
new  party,  whose  members  called  themselves  "  work- 
ingmen,"  had  been  formed.  It  originated  with  the 
master  builders  in  the  city  of  New  York,  who  desired 
to  have  a  law  passed,  such  as  was  subsequently  en 
acted,  giving  them  a  lien  for  work  and  materials  per 
formed  or  furnished  in  the  construction  of  buildings  ; 
but  it  was  eventually  composed  of  free  thinkers  on 
political  and  religious  subjects,  belonging  to  all  classes 
and  occupations.  General  Root  was  nominated  for 
governor,  at  a  convention  of  the  workingmen  held  in 
the  month  of  April,  but  after  the  Herkimer  nomina 
tions  had  been  made,  he  declined  being  any  longer 
considered  a  candidate.  A  small  portion  of  the  work 
ingmen,  who  were  probably  influenced  by  the  adhering 
masons  in  the  national  republican  party,  then  nomi 
nated  Ezekiel  Williams,  of  Cayuga  county,  in  the 
place  of  General  Root. 

Mr.  Granger  was  the  favorite  of  the  national  re 
publicans,  and  the  champion,  too,  of  antimasonry,  the 
Chenango  Canal,  and  other  local  projects  of  internal 
improvement.  Consequently  he  received  a  strong 
vote  in  the  sixth  senatorial  district,  and  in  the  western 


534  EN os    T.    THBOOP. 

part  of  the  state,  where  the  coalition  between  the 
national  republicans  and  antimasons  was  nearly  com 
plete  at  this  election.  During  the  summer  Governor 
Throop  hao1  visited  the  Chenango  valley,  upon  the 
invitation  of  his  political  friends  residing  in  that  sec 
tion,  and  was  again  urgently  entreated  to  pledge  him 
self  favorably  to  the  proposed  canal.  It  was  natural 
that  he  should  be  quite  desirous  of  securing  his  elec 
tion,  because  it  would  seem  to  be  an  endorsement  of 
his  course  as  acting  governor,  but  he  again  refused, 
and  the  consequences  of  his  impracticability  on  this 
question,  so  honorable  as  it  was  to  his  character  for 
consistency  and  integrity,  were  witnessed  in  the  result 
of  the  election.  There  were  upwards  of  two  hundred 
and  fifty  thousand  votes  cast  for  governor.  In  the 
western  part  of  the  state,  and  in  the  Chenango  valley, 
the  canvass  was  unusually  spirited.  In  these  sec 
tions  large  majorities  were  given  for  Mr.  Granger,  his 
competitor  falling  behind  his  ticket  in  Broome  and 
Chenango  more  than  fifteen  hundred  votes.  But  in 
the  eastern  counties,  many  of  the  national  republicans 
who  were  masons,  did  not  vote  at  all  for  governor, 
and  a  few  of  them  supported  the  democratic  candi 
date  ;  yet  Mr.  Hammond  is  clearly  in  the  wrong,  in 
supposing  that  the  masons  in  the  river  counties  gave 
Bfcr.  Throop  the  election.*  That  this  inference  wa£ 
hastily  drawn,  a  few  facts  will  show.  Mr.  Throop 
was  elected  by  a  majority  of  8,594  over  Mr.  Granger, 

»  political  History,  vol  ii.  p.  336. 


ABOLITION    OP    IMPRISONMENT    FOR    DEBT.  535 

while  the  average  democratic  majority  on  the  sena 
torial  ticket  was  only  5,918,  and  on  the  congressional 
ticket  5,575.  His  majority,  doubtless,  was  increased 
by  the  votes  of  some  of  the  masons  in  the  national 
republican  ranks,  but  had  they  supported  Mr.  Granger 
the  result  would  not  have  been  different. 

Mr.  Throop  took  the  constitutional  oath  of  office  as 
governor  of  the  state,  on  the  1st  day  of  January,  1831, 
and  in  his  annual  message  to  the  legislature,  which 
soon  after  assembled,  he  repeated  the  same  sentiments 
that  he  had  previously  advanced,  in  relation  to  the  gen 
eral  fund,  the  prosecution  of  the  public  works,  and  the 
distribution  of  the  surplus  revenue.  His  views  on 
these  subjects  were  expressed  at  great  length,  and 
with  decided  ability,  as  the  extracts  from  the  message, 
heretofore  given,  will  abundantly  testify.  Among  his 
recommendations  on  this  occasion,  was  the  abolition 
of  imprisonment  for  debt, — an  important  reform  in 
the  civil  code,  as  well  as  an  act  of  justice,  which  the 
legislature,  to  his  and  their  honor,  wisely  adopted  at 
this  session. 

Surrounded  by  the  able  counsellors  and  advisers 
who  filled  the  state  offices,  and  sustained  by  major 
ities  in  both  branches  of  the  legislature,  the  second 
term,  as  it  may  be  called,  of  Governor  Throop  passed 
away,  uncheckered  by  any  incidents  of  particular  im 
portance.  The  friends  of  the  lateral  canals,  and  of 
local  projects  of  expenditure,  found  that  he  could  not 
be  moved  from  his  position,  and  special  legislation 


536  ENOS    T.    THROOP. 

received  no  favor  at  his  hands.  His  message  at  the 
commencement  of  the  legislative  session,  in  the  winter 
of  1832,  repeated  the  views  of  former  years  in  regard 
to  the  financial  policy  of  the  state.  "  Whatever/' 
said  he,  "  may  be  thought  of  the  fitness  of  borrowing 
money  on  the  credit  of  the  government,  for  its  de 
fence,  or  to  prosecute  great  enterprises  for  the  durable 
benefit  of  the  country,  no  person  can  question  the  in 
justice  of  transmitting  to  those  who  come  after  us  the 
burden  of  a  heavy  debt.  No  public  debt  should  be 
created,  but  with  ample  provisions  for  its  liquidation 
within  a  reasonable  time.  It  has  never  yet  been  de 
termined  by  the  representatives  of  a  free  people,  what 
extent  of  moral  obligation  rests  upon  them  to  provide 
for  the  discharge  of  a  debt  forwarded  on  for  payment, 
by  their  predecessors  in  power." 

The  idea  advanced  in  this  extract,  or  one  very 
similar,  suggested  itself  to  Mr.  Jefferson,  who  doubted 
very  much  the  obligation  of  one  generation  to  pay  the 
debts  of  its  predecessor,  especially  when  they  had  been 
unwisely  incurred;  and  the  French  have  a  maxim, 
also,  which  admonishes  the  statesman,  to  "legislate 
for  posterity."  But  Governor  Throop  was  the  first 
public  officer  in  this  country  to  give  the  sentiment  an 
official  endorsement ;  and  as  expressed  by  him,  it  was 
warmly  approved  by  the  leading  newspapers  of  the 
republican  party,  in  Washington  and  other  sections 
of  the  union,  as  well  as  in  the  state  of  New  York. 
It  was,  indeed,  one  of  the  dearest  principles  of  his 


DECLINES    A    RE-NOMINATION.  537 

political  creed,  and  it  influenced  him  in  all  his  public 
conduct,  and  in  every  expression  of  his  views  upon  the 
subject  of  borrowing  money.  And  in  connection  with 
this  question,  it  may  be  justly  said  of  him,  that  he 
never  lost  sight  of  the  danger  to  which  the  state  was 
exposed  from  the  "  alliance,"  as  he  termed  it  in  the 
same  message,  "  of  private  interest  with  legislation." 

When  Governor  Throop  first  consented  to  become 
a  candidate  for  the  office  of  lieutenant-governor,  he 
determined  to  retire  when  it  became  evident  that  his ' 
further  continuance  in  office  would  produce  discord. 
Recognizing  fully  his  obligations  to  his  party,  he  never 
felt  that  this  could  be  considered  a  questionable  sacrifice 
of  personal  feelings.  The  wrangling  and  contention, 
the  jarring  and  discord  of  political  controversies,  did 
not  harmonize  at  all  with  his  nature.  The  strife  of 
politicians  for  the  ascendency  seemed  to  him  like  the 
struggling  of  persons  in  a  crowd ;  some  were  rudely 
pushed  aside,  others  trampled  under  foot,  and  the  few 
who  were  successful  did  not  escape  without  injury. 
In  such  scenes  he  had  no  desire  to  participate,  and  a 
life  of  quiet  and  retirement  was  alone  congenial  to  his 
spirit. 

In  the  winter  of  1832,  it  was  evident  that  the  time 
had  arrived  for  carrying  his  resolution  into  effect. 
The  opposition  to  his  nomination  in  1830,  and  the 
tone  of  feeling  manifested  in  the  political  circles  of 
the  capital,  admonished  him  that  the  interests  of  his 
party  would  be  best  subserved  by  his  giving  place  to 
23*  « 


538  ENDS    T.    THROOP. 

some  other  candidate  for  popular  favor.  Beside  the 
Chenango  Canal  interest,  he  had  incurred  the  hostility 
of  General  Root,  by  refusing  to  nominate  him  for  the 
office  of  bank  commissioner  in  1829,  and  as  the  ques 
tion  of  the  recharter  of  the  United  States  Bank,  to 
which  he  was  friendly,  was  now  agitated,  it  was  prob 
able  that  he  would  lead  off  from  the  party  a  great 
number  who  were  dissatisfied  merely  with  the  policy 
of  the  state  government.  He  was  also  the  object  of 
the  dislike  of  the  late  Samuel  Young,  and  his  friends, 
John  Cramer  and  Melancton  Wheeler,  all  of  whom 
opposed  his  nomination  in  1830.  Colonel  Young  was 
an  honest  politician,  and  a  man  of  rare  integrity ;  but 
his  views  were  quite  ultra  upon  almost  all  questions,  and 
his  prejudices  were  unusually  strong.  His  opinions 
upon  financial  questions,  and  in  regard  to  special  legis 
lation,  coincided  very  nearly  with  those  of  Governor 
Throop ;  but  he  was  rather  too  fond  of  having  his 
own  way  in  everything,  and  being  susceptible  of 
flattery,  was  made  the  champion  and  leader  of  artful 
men  who  had  selfish  and  private  interests  to  sub 
serve. 

Early  in  the  winter  session  of  1832,  Governor 
Throop  signified  his  intention  not  to  be  a  candidate 
for  the  reelection,  and  his  determination  was  announced 
in  the  Albany  Argus.  All  the  democratic  newspapers 
in  the  state,  with  a  single  exception, — the  New  York 
Courier  and  Enquirer,  which  had  previously  attacked 
him»  and  soon  after  went  over  to  the  opposition, — 


THE    ASIATIC    CHOLERA.  539 

expressed  their  deep  regret  at  his  decision.  In  some 
cases,  probably,  this  was  feigned,  but  with  a  majority 
it  was  real ;  and  there  must  have  been  very  few  who 
appreciated,  that  did  not  respect,  his  motives. 

During  the  summer  of  1832  the  state  was  visited  by 
that  awful  scourge,  the  Asiatic  Cholera.  Governor 
Throop  had  left  Albany  with  his  family,  a  short  time 
previous  to  its  first  appearance,  for  the  purpose  of 
spending  a  few  weeks  at  Owasco.  An  extra  session 
of  the  legislature  had  been  held,  at  which  laws  were 
enacted  to  prevent  the  spread  of  the  pestilence,  and 
making  a  new  division  of  the  state  into  congressional 
districts,  under  the  census  of  1830.  When  it  was  an 
nounced  that  the  cholera  had  really  made  its  appear 
ance  within  the  borders  of  the  state,  the  governor  has 
tened  his  return  to  the  capital,  in  order  to  take  such 
measures  as  the  emergency  required.  He  remained 
there,  in  the  midst  of  the  disease,  giving  advice,  and 
extending  his  aid  and  assistance,  till  the  danger  had 
passed.  In  the  prison  at  Sing  Sing  the  disease  raged 
with  unwonted  violence,  but  this  did  not  deter  him 
from  visiting  it,  in  order  to  see  how  the  ravages  of  the 
pestilence  might  be  stayed. 

With  the  last  day  of  December,  1832,  the  administra 
tion  of  Governor  Throop  finally  terminated.  Its  char 
acter  may  be  inferred  from  the  facts  which  have  been 
detailed.  Considering  that  he  was  obliged  to  stem  the 
tide  of  antimasonry  at  its  commencement,  and  how 
many  difficulties  and  embarrassments  he  encountered, 


540  ENOB    T.    THROOP. 

it  may  with  justice  be  said,  that  it  was  alike  honor 
able  to  him  and  the  state.  He  discharged  all  the 
duties  of  the  office  with  ability.  He  left  the  state 
and  its  finances  prosperous,  and  his  party  firmly  in  the 
ascendant. 

While  filling  the  office  of  governor,  he  was  not  in 
different  to  national  politics,  but  supported  the  admin 
istration  of  General  Jackson,  in  the  contest  with  the 
United  States  Bank,  and  in  its  measures  and  policy 
in  other  particulars,  with  all  his  ability  and  influence. 

Had  he  consulted  his  own  inclinations,  he  would 
now  gladly  have  retired  to  the  repose  of  private  life, 
but  his  pecuniary  circumstances  were  not  such  as  to 
enable  him  to  live  upon  the  honors  of  the  position  he 
had  occupied.  He  accepted,  therefore,  the  appoint 
ment  of  naval  officer  at  the  port  of  New  York,  confer 
red  upon  him  by  President  Jackson,  probably  at  the 
instance  of  Mr.  Van  Buren,  in  the  winter  of  1833,  to 
fill  the  vacancy  occasioned  by  the  death  of  John  Fer 
guson.  This  office  was  a  highly  honorable  one,  and 
had  been  previously  held  by  Colonel  Benjamin  Walker, 
a  meritorious  officer  in  the  war  of  the  Revolution,  and 
by  Samuel  Osgood,  postmaster-general  under  Wash 
ington. 

In  1834,  Mr.  Throop  lost  his  wife,  as  has  been  stated, 
and  this  circumstance  induced  him  to  remain  longer  in 
public  life  than  he  had  before  intended.  He  continued 
to  hold  the  appointment  of  naval  officer  till  1838,  when 
he  was  appointed  by  Mr.  Van  Buren  charge  d'affaires 


AGRICULTURAL  PURSUITS.  541 

to  the  kingdom  of  the  Two  Sicilies.  He  remained 
abroad,  faithfully  and  creditably  performing  the  duties 
of  his  mission,  till  the  election  of  General  Harrison  to 
the  presidency,  when  he  returned  home  and  took  a 
final  leave  of  public  cares  and  anxieties.  Amid  the 
peaceful  shades  of  Willow  Brook,  and  in  the  active 
pursuits  of  an  agricultural  life,  he  at  length  found  that 
relaxation  and  enjoyment  which  seemed  best  adapted 
te  secure  the  happiness  and  contentment  of  his  declin 
ing  years. 

Having  still  left  a  considerable  stock  of  unexpended 
energy,  and  being  passionately  fond  of  a  country  life, 
and  of  conducting  improvements  in  the  wilderness,  he 
has  for  several  years  past  been  actively  engaged  in  im 
proving  a  large  farm  which  he  had  purchased,  lying 
four  miles  below  Kalamazoo,  upon  the  banks  of  the 
Kalamazoo  river  in  the  state  of  Michigan.  When  he 
first  commenced  his  improvements,  an  almost  unbroken 
forest  lay  before  him,  but  he  has  now  more  than  two 
hundred  acres  of  land  under  cultivation ;  his  farm, 
which  he  calls  Spring  Brook,  from  a  pretty  little  stream 
that  intersects  it,  is  well  stocked ;  and  in  every  part 
bears  witness,  in  its  useful  as  well  as  its  ornamental 
features,  to  the  taste  and  industry  of  its  proprietor. 

It  was  not  his  intention  to  change  his  residence  from 
New  York,  though  he  had  disposed  of  his  property  on 
the  Owasco  Lake,  to  his  nephew,  by  improving  his 
farm  in  Michigan.  It  has  amounted  to  that  however, 
for  the  present ;  yet  he  still  expects,  and  his  many 


542  ENOS    T.    THROOP. 

friends  trust  that  the  expectation  may  be  realized,  to 
end  his  days,  where  so  many  happy  years  have  been 
spent,  at  his  old  home  of  Willow  Brook. 

Such  is  the  retirement  of  one  of  the  governors  of 
New  York.  Starting  in  life  without  adventitious  aid, 
self-reliant,  enterprising  and  persevering,  he  achieved 
for  himself  an  honorable  fortune.  Force  of  character 
and*  energy  of  purpose  enabled  him  to  triumph  over 
every  obstacle  that  impeded  his  pathway  to  distinc 
tion.  Integrity  without  spot  or  guile,  was  the  polar 
star  that  guided  his  footsteps.  He  has  filled,  in  every 
instance  with  credit,  several  of  the  most  important 
offices  in  the  state  and  under  the  general  government, 
and  now,  as  he  approaches  the  close  of  his  well- spent 
life,  he  presents  an  example  to  the  young  men  of  New 
York  worthy  of  imitation  and  full  of  encouragement. 

Had  it  not  been  for  the  ungenerous  and  unjust  as 
persions  of  Mr.  Hammond,  it  might  be  unnecessary  to 
refer  more  particularly  to  the  character  and  abilities  of 
Governor  Throop.  It  is  very  probable  that  the  former 
may  have  been  actuated  by  the  best  of  motives,  in 
preparing  his  Political  History,  but  the  friends  of  Gov 
ernor  Throop  have  good  reason  to  complain  of  the  in 
justice  done  him,  which  has  been  relieved,  but  not  en 
tirely  removed,  in  the  revised  edition.  Whether  this 
injustice  was  intentional  or  otherwise,  Mr.  Hammond 
was  not  the  most  proper  person  in  the  state  to  write 
Mr.  Throop's  history ;  yet,  in  setting  the  latter  right 
before  the  public,  it  is  not  designed  to  arraign  the  for- 


HIS    CHARACTER.  543 

mer.  They  entered  Congress  together  in  1815,  and 
at  the  outset  took  different  sides  upon  questions  of  pub 
lic  policy.  The  one  was  a  warm  personal  adherent 
of  De  Witt  Clinton,  and  the  other  a  political  opponent. 
During  the  administration  of  Governor  Throop,  Mr. 
Hammond  resided  in  Albany ;  he  was  one  of  the  most 
active  members  of  the  opposition  party,  and  in  1830 
was  their  candidate  for  senator  in  the  third  senatorial 
district.  Subsequently,  they  never  came  in  contact, 
and  all  the  recollections  of  Mr.  Hammond  may  natu 
rally  have  been  associated  with  his  early  prejudices. 

The  charge  made  by  Mr.  Hammond  that  Governor 
Throop  was  blindly  devoted  to  his  party,*  is  suffi 
ciently  refuted  by  his  opposition  to  the  nomination  and 
election  of  De  Witt  Clinton,  as  a  candidate  for  the  pres 
idency,  in  1812,  and  by  his  entire  course  as  governor 
of  the  state.  So,  too,  with  the  assertion  that  he  was 
not  at  all  popular  with  the  people  of  the  statef — it 
may  be  dismissed  in  a  word.  The  very  best  evidence 
of  the  popularity  of  Governor  Throop  is  afforded  by  his 
election  in  1830,  in  spite  of  untoward  circumstances, 
and  the  opposition  of  leading  members  of  the  party, 
by  a  larger  majority  than  that  given  to  the  other  can 
didates  on  the  democratic  ticket. 

It  seems  to  have  been  the  chief  object  of  Mr.  Ham 
mond  to  find  fault  with  the  style  of  Governor  Throop 
as  a  writer.  His  criticisms,  of  course,  are  mere  mat- 

*  Political  History,  vol.  ii.  p.  318. 
f  Ibid.  pp.  335,  396,  416,  et  aL 


544  ENOS    T.    THROOP. 

ters  of  judgment  and  taste ;  but  it  may  be  said  of  the 
literary  efforts  of  the  governor,  that  they  will  compare 
most  favorably  with  the  clumsy  and  ill-constructed 
sentences  of  his  reviewer.  A  still  graver  charge,  how 
ever,  has  been  made  by  Mr.  Hammond,  which  should 
not  be  lightly  passed  over.  He  repeatedly  intimates 
in  his  history,  that  Governor  Throop  was  not  the 
author  of  his  own  messages.*  This  intimation  is  not 
only  ungenerous,  but  it  is  utterly  without  foundation. 
"  No  executive,"  says  one  whose  statements  cannot  be 
questioned,  in  a  letter  to  the  author,  "  has  received  less 
aid  in  the  composition  or  suggestions  of  his  messages, 
or  in  the  discharge  of  the  duties  and  acts  of  his  admin 
istration,  than  Governor  Throop.  Endowed  with  a 
clear  and  well-balanced  mind,  with  fair  attainments  as 
a  scholar  and  writer,  a  right  and  reflective,  though  not 
in  the  extreme  sense  of  the  word,  a  vigorous  thinker, 
he  gave  to  every  question  which  demanded  his  consid 
eration,  or  called  for  action  on  his  part,  comprehen 
sive  and  full  examination,  and  was  literally  the  author 
of  his  own  state  papers." 

The  style  of  Governor  Throop  is  not  always  strictly 
accurate,  but  it  is  generally  clear,  direct,  and  perspicu 
ous.  His  messages  received  high  commendation  from 
the  most  prominent  papers  of  both  political  parties  in 
the  state  and  nation,  and  they  were  characterized  by 
leading  English  journals  as  "  able  documents." 

He  is  not  a  man  of  showy  parts,  nor  can  he  lay 

*  Political  History,  voL  ii.  pp.  321,  345,  406. 


APPEARANCE    AND    HABITS.  545 

claim  to  the  possession  of  brilliant  genius.  His  talents 
are  of  a  practical  character.  To  a  well-balanced  mind 
and  sound  judgment,  he  unites  those  somewhat  old-fash 
ioned,  but  sterling  qualities,  of  moderation,  prudence, 
firmness,  and  independence.  The  honest  integrity  of 
his  character,  in  public  and  private  life,  is  its  chief 
ornament. 

It  may  be  that  he  has  accustomed  himself  to  look 
too  much  upon  the  dark  side  of  human  nature,  and, 
adopting  the  philosophy  of  Helvetius,  is  disposed  to  re 
fer  every  action  to  self-interest;  but  there  is  a  deep 
well-spring  of  kindness  and  benevolence  in  his  heart. 
His  manners  appear  somewhat  harsh,  especially  on  a 
first  acquaintance,  and  he  is  not  well  calculated  to  win 
upon  a  stranger ;  yet  these  unprepossessing  features  in 
his  character  are  underlay ed  with  generous  impulses 
and  emotions. 

In  person  he  is  tall,  slender,  erect ;  his  eyes  are  light ; 
and  his  hair,  once  sandy,  is  now  frosted  by  the  touch 
of  time.  The  expression  of  his  countenance  is 
marked,  and  indicative  of  the  perseverance,  energy, 
and  decision,  that  have  ever  characterized  him.  His 
habits  are  simple  and  temperate ;  and  as  he  still  pos 
sesses  great  activity  of  person,  and  enjoys  remarkable 
health,  it  is  not  improbable  that  his  life  may  be  pro 
longed  for  many  years  beyond  the  ordinary  allotment 
of  immortality. 


35 


WILLIAM   L.    MARCY. 

ALL  the  governors  of  the  state,  prior  to  the  subject 
of  this  sketch,  were,  as  we  have  seen,  New  Yorkers 
by  birth;  but  Governor  Marcy  was  not  "to  the  manor 
born."  Descended  from  a  Puritan  stock, — a  native, 
too,  of  New  England, — had  it  not  been  for  the  soften 
ing  down  of  the  asperities,  and  the  removal  of  the  pre 
judices  of  olden  times,  we  might  well  have  wondered 
to  see  him  elevated  to  the  chief  magistracy  of  a  people 
who  still  revete  the  memories  of  Minuit,  and  Kieft, 
and  Stuyvesant.  But  those  stern  old  Puritans,  those 
men  of  iron  hearts  and  iron  wills,  have  left  their  im 
press  all  over  this  western  continent;  and  there  is 
scarcely  a  state  in  the  American  Confederacy,  from 
the  venerable  commonwealth  who  first  gave  them  a 
shelter  and  a  home — bleak  it  may  have  been,  and  in 
hospitable,  yet  still  a  home — to  the  young  bride  of  the 
Pacific,  now  pouring  her  golden  dowry  into  our  coffers, 
where  their  thrift,  their  activity  and  enterprise,  their 
regard  for  religion,  and  their  love  of  order  and  law, 
are  not  felt  at  this  day,  in  its  civil  and  social  system, 
and  in  the  character  and  habits  of  its  citizens.  Those 
wise  legislators,  like  the  Jewish  leader  and  lawgiver, 


T  5  0  jL  c  M  A  IE  £ 
Ninth, Gcvmwr  cf^ew ]//•/-. 

.Liih 


!*,' 


HIS    ANCESTORS.  547 

"struck  the  rock  in  the  wilderness,  so  that  the  waters 
of  liberty  gushed  forth  in  copious  and  perennial  foun 
tains,"  which  have  refreshed  and  fertilized  the  soil,  till 
it  has  yielded  a  rich  harvest  of  free  institutions. 

In  the  year  1729,  a  company  of  persons,  mostly 
residents  of  Medfield  and  the  adjoining  towns,  in  the 
colony  of  Massachusetts,  who  were  either  themselves 
destitute  of  homes,  and  not  able  to  purchase  them  in 
the  older  towns,  or  who  desired  to  settle  their  children 
in  life,  petitioned  the  General  Court  for  a  grant  of  a 
tract  of  land  in  Worcester  county,  lying  between  Ox 
ford,  Brookfield,  Brimfield,  and  the  Province  line,  then 
called  Dumer,  which  they  designed  to  form  into  a  new 
township.  Poverty  alone,  it  would  seem,  induced  them 
to  select  this  tract,  since  the  land  was  so  poor,  that  the 
Council  for  a  long  time  refused  to  grant  their  request, 
from  no  other  motive  except  that  of  kindness.  But 
the  petitioners,  in  reply  to  this  objection,  declared, 
that,  although  there  was  much  poor  land  there,  there 
was  also  considerable  good  land,  and,  in  their  humble 
opinion,  a  sufficiency  to  enable  them,  "  by  the  blessing 
of  God,  in  concurrence  with  diligence  and  industry,  to 
support  the  ordinary  charges  of  a  township."* 

The  grant  was  finally  made,  in  September,  1729,  and 
the  petitioners,  or  proprietors,  with  others  who  joined 
them,  immediately  entered  on  the  work  of  settlement. 
The  name  of  New  Medfield  was  substituted  for  that  of 

Dumer,  and  the  dark  forest  soon  fell  beneath  the  axes 

i 

*  Clark's  Historical  Sketch  of  Sturbridge,  p.  4. 


548  WILLIAM    L.    MARCY. 

of  these  sturdy  pioneers.  Trials  and  difficulties,  hard 
ships  and  privations,  were  encountered  without  a  mur 
mur  ;  industry  and  perseverance  speedily  changed  the 
face  of  the  wilderness ;  and  the  abodes  of  a  happy  and 
contented  people  sprung  up  where  the  wild  fox  had  his 
haunt,  and  the  panther  made  his  lair.  Such  was  the 
progress  of  the  new  settlement,  that  at  the  expiration 
of  seven  years  it  contained  fifty  families,  and  in  1738, 
it  was  incorporated  as  a  town,  under  the  name  of  Stur- 
bridge. 

Year  after  year  passed  away ;  one  generation  fol 
lowed  another  to  the  tomb ;  but  time  in  its  progress 
annually  marked  new  changes  and  new  improvements ; 
and  now,  after  the  lapse  of*  a  century,  there  are  few 
traces  of  that  grim  poverty  that  frowned  upon  the 
early  settlers  of  Sturbridge.  The  picturesque  shores 
of  the  Quinnebaug  are  lined  with  mills  and  factories ; 
the  habitations  of  plenty  and  contentment  smile  upon 
the  hillside  and  in  the  valley;  turnpikes  and  rail 
roads  have  taken  the  place  of  the  forest  paths  of  the 
backwoodsman ;  and  where  the  solitude  of  the  desert 
once  reigned  undisturbed  by  the  voice  or  the  step  of 
the  white  man,  the  flaming  car  hurries  along  its  living 
freight,  while,  beside  it,  the  pulsations  of  the  magnetic 
telegraph  remind  the  classic  scholar  of  the  winged 
words  of  the  Grecian  poet. 

Among  the  first  settlers  of  Sturbridge,  though  not 
one  of  the  original  petitioners  for  the  grant,  was  Moses 
Marcy.  He  was  of  English  descent,  and  was  born  in 


HIS    MARRIAGE.  549 

Woodstock,  Connecticut,  where  he  married,  in  1723, 
a  Miss  Prudence  Morris.  His  position  at  this  time, 
though  honorable,  was  so  humble,  that  her  parents 
were  much  opposed  to  the  match ;  but  he  wooed  and 
won  her,  in  spite  of  all  obstacles  ;  and,  in  1732,  they 
removed  to  New  Medfield,  afterward  Sturbridge,  with 
a  family  of  five  children,  subsequently  increased  to 
eleven.  He  appears  to  have  been  as  enterprising  in 
business  as  in  love ;  and  in  the  act  of  incorporation 
of  Sturbridge,  he  is  styled  "  one  of  the  principal  inhab 
itants."  He  built  the  first  grist  mill  in  the  town,* 
became  a  colonel  of  militia,  and  held  a  number  of 
important  town  offices ;  so  that  instead  of  being  merely 
"one  of  the  principal  inhabitants,"  he  was,  says  Mr. 
Clark,  "in  the  opinion  of  his  fellow-townsmen,  the 
principal  one.  He  was  the  first  citizen  who  received 
the  appointment  of  justice  of  the  peace,  and  was  the 
first  representative  which  the  town  sent  to  the  Gen 
eral  Court.  He  held  the  office  of  moderator  in  seventy 
town-meetings,  having  been  called  to  the  chair  at  every 
annual  meeting,  and  at  most  of  the  intervening  ones, 
for  twenty-four  successive  years.  He  was  on  the  board 

*  Before  Marcy's  Mills  were  built,  the  people  of  Sturbridge  probably 
had  their  milling  done  at  Brimiield,  Brookfield,  Oxford,  or  in  Connecti 
cut.  "  Perhaps,  however,"  says  Mr.  Clark,  (Historical  Sketch,  p.  7,) 
"  they  had  no  occasion  to  go"  to  mill ;  "  for  it  is  reported  by  some  of 
the  oldest  of  their  descendants  now  living,  that  their  principal  diet  at 
first  was  boiled  beans.  These  they  usually  prepared  on  the  evening 
of  one  day  in  sufficient  quantities  for  the  breakfast  and  dinner  of  the 
next" 


550  WILLIAM    L.    MARCY. 

of  selectmen  thirty-one  year*,  town  clerk  eighteen, 
and  town  treasurer  eight, — not  unfrequently  filling  all 
these  offices  at  once.  During  the  old  French  war,  he 
repeatedly  fitted  out  soldiers  for  the  army  on  his  own 
responsibility,  and  from  his  own  private  resources,  for 
which  he  was  afterward  remunerated  by  the  town. 
He  died,  October  9,  1779,  at  the  age  of  seventy-fcwo, 
feaving  an  honorable  name,  a  large  estate,  and  a 
numerous  posterity."* 

The  early  inhabitants  of  Sturbricfge  were  pkin, 
practical  menf — staunch  whigs,  and  true  democrats. 
Although  they  instructed  their  representative,  (Moses 
Sfarcy,)  in  1765,  to  use  his  utmost  endeavors,  "con 
sistent  with  loyalty,"  to  procure  the  repeal  of  the  stamp 
act,  they  also  instructed  their  delegate  to  the  Provincial 
Congress,  held  at  Watertown,  in  1775,  that  they  de- 
Sired  to  have  an  independent  government  established 
at  once,  in  case  the  petition,  or  address,  to  the  king, 
should  be  rejected.  After  the  declaration  of  indepen 
dence  was  promulgated,  they  assembled  in  town-meet 
ing,  and  solemnly  "  engaged  to  support  it  with  their  lives 
and  fortunes."  During  the  Revolution,  almost  every 
other  business  seems  to  have  been  entirely  laid  aside  in 

*  Clark's  Sketch,  p.  8,  (note.) 

f  With  all  their  plainness  and  simplicity,  they  very  well  understood 
*hat  *ere  the  rights  of  freemen  ;  and  when  the  question  of  the  forma 
tion  of  a  state  constitution  vras  agitated,  and  it  Was  proposed  to  autho 
rize  the  representatives  to  frame  such  an  one  as  they  judged  best,  they 
Ejected  to  hating  any  eet  of  men  ratify  a  constitution  for  them, 
they  knev  what  it  wo*. 


BIRTH    AND    EDUCATION.  551 

the  town,  and  after  the  war  was  ended,  "  the  citizens  had 
the  air  of  soldiers,  and  seemed  to  delight  in  transacting 
their  civil  affairs,  as  far  as  possible,  in  a  soldier-like 
way."* 

Colonel  Marcy  was  too  far  advanced  in  life  to  take 
part  in  the  active  scenes  of  the  revolutionary  struggle, 
but  his  counsel  and  advice  were  never  withheld,  and 
his  sons  and  grandsons  represented  him  well  and 
bravely,  on  the  battle  fields  of  liberty. 

Jedediah,  one  of  the  grandsons  of  Colonel  Moses 
Marcy,  was  the  father  of  the  governor  of  New  York. 
He  married  Ruth  Learned,  a  descendant  of  one  of 
the  first  proprietors  of  Sturbridge,  and,  like  his  own 
father  and  grandfather,  was  a  farmer  by  occupation. 
He  was  a  respectable  citizen,  and  was  highly  esteemed 
fey  his  fellow-townsmen.  He  commanded  a  militia 
company  shortly  after  the  close  of  the  Revolution, 
held  several  town  offices,  and  was  prominent  in  every 
good  and  useful  work  designed  to  advance  the  spiritual 
or  temporal  interests  of  those  around  him. 

WILLIAM  L.  MARCY,  the  son  of  Jedediah  Marcy 
and  Ruth  Learned,  was  born  in  Sturbridge, — in  that 
portion  which  is  now  Southbridge, — in  Worcester 
county,  Massachusetts,  on  the  12th  day  of  December, 
J786.  His  father  was  in  comfortable,  but  not  affluent 
circumstances ;  yet  he  was  able  to  send  his  son  forth 
into  the  world  with  all  the  advantages  of  a  liberal 
education,  and  these,  to  one  who  knew  how  to  wield 

*  Clark's  Sketch,  pp.  22,  23. 


552  WILLIAM    L.    MARCY. 

the  power  of  knowledge  aright,  were  fortune  enough. 
In  his  boyhood  William  exhibited  indications  of  the 
possession  of  more  than  ordinary  talent  and  capacity, 
and  after  going  through  with  the  studies  taught  in  the 
common  schools  of  his  native  town,  he  was  sent  to 
the  Leicester  Academy. 

This,  it  will  be  remembered,  was  the  period  of  the 
bitter  struggle  between  the  federalists  and  republicans, 
— when  passions  and  prejudices  were  aroused,  that 
only  spent  their  force  with  the  lives  of  those  who 
cherished  them, — when  society  in  all  its  aspects,  in 
its  business,  its  charities,  its  duties  and  its  affections, 
felt  the  blighting  effects  of  those  partisan  feelings 
enkindled  in  political  conflicts, — and  when  denun 
ciations  and  anathemas  were  hurled,  without  stint 
or  favor,  from  the  pulpits  of  New  England,  against 
the  name  and  character  of  Thomas  Jefferson.  The 
preceptor  of  the  academy  at  Leicester,  Mr.  Adams, 
notwithstanding  his  many  good  qualities,  was  what 
may  be  called  a  bigoted  federalist — honest  and  well- 
meaning,  no  doubt,  but  nevertheless  bigoted.  In  the 
institution  of  which  he  was  the  preceptor,  a  juvenile 
literary  and  social  society  had  been  formed,  which 
took  its  tone  and  bias  from  his  party  prejudices. 
Young  Marcy  was  a  good  and  apt  scholar,  but  he 
belonged  to  a  republican  family,  and,  for  a  lad,  was 
prominent  in  the  advocacy  of  the  principles  which 
he  had  early  imbibed.  In  consequence  of  his  opinions 
upon  political  questions,  he  was  excluded  from  the 


STUDIES    LAW.  553 

society  before  mentioned;  but  this  act  of  injustice 
only  confirmed  his  youthful  predilections,  and  he  de 
fended  his  views  and  sentiments  with  greater  zeal  and 
earnestness.  Thus  presenting,  in  his  own  life,  an 
example  of  proscription,  it  will  not  seem  strange  that 
he  should  have  repelled  the  charge,  as  he  afterward 
did  in  the  Senate  of  the  United  States,  that  his  polit 
ical  friends  were  the  first  to  introduce  it  in  the  party 
contests  of  the  country. 

Having  completed  his  academic  course,  he  entered 
Brown  University,  at  Providence,  in  the  state  of 
Rhode  Island.  His  college  career  was  marked  by 
no  incidents  of  peculiar  interest.  It  was,  indeed,  an 
important  epoch  in  his  life,  as  it  always  is  with  every 
young  man  whose  intellectual  character  is  formed  by 
the  moulding  hand  of  Alma  Mater.  He  was  a  care 
ful  and  diligent  scholar,  and  attentive  to  every  exer 
cise  of  the  University.  Correct  in  all  his  studies,  in 
the  classics  he  particularly  excelled.  While  in  col 
lege,  also,  he  devoted  much  of  his  time  to  miscel 
laneous  reading,  and  to  the  cultivation  of  his  naturally 
fine  and  appreciable  literary  taste ;  and  here  he  learn 
ed  to  form  those  well-turned  periods,  for  which  the 
productions  of  his  pen  are  distinguished. 

In  1808  he  graduated  with  high  honor,  and  shortly 
thereafter  took  up  his  residence  in  the  city  of  Troy, 
in  the  state  of  New  York,  where  he  studied  law  and 
commenced  its  practice.  During  his  clerkship  he  took 
a  part,  not  altogether  unimportant,  in  the  political 

24 


554  WILLIAM    L.    MAECY. 

discussions  that  grew  out  of  the  foreign  policy  of 
Jefferson  and  Madison.  Approving  heartily  of  the 
principles  and  measures  which  they  advocated  and 
recommended,  he  defended  their  administrations  with 
a  zeal  and  ability  that  attracted  the  notice  of  the 
public.  He  was  not  long  either  in  rising  to  distinc 
tion  in  his  profession,  and  friends  and  clients  rapidly 
gathered  round  him.  "  He  came  here/'  says  a  Troy 
newspaper,  "  from  Massachusetts,  with  nothing  to  aid 
him  but  his  talents  and  integrity.  They  were  of  the 
brightest  character,  and  soon  introduced  him  upon  the 
theatre  of  public  life.  In  every  station  he  performed 
the  duties  assigned  him  to  the  public  approbation. 
His  private  character  was  a  model  worthy  of  general 
imitation.  Charitable  and  obliging,  he  soon  won  the 
esteem  of  all  who  knew  him.  He  was  successful  in 
his  business,  and  none  who  were  needy  and  deserving 
ever  asked  his  aid  in  vain." 

He  had  just  entered  upon  the  active  duties  of  his 
profession,  when  war  was  declared  against  Great 
Britain.  Possessing  the  disposition  to  serve  his  coun 
try,  however  humble  might  be  the  station  assigned 
him,  he  tendered  his  services  to  Governor  Tompkins, 
together  with  the  other  members  of  a  light  infantry 
company  belonging  to  the  city  of  Troy,  in  which  he 
held  the  rank  of  a  lieutenant.  This  company  was 
among  the  first  dispatched  to  the  northern  frontier, 
and  was  stationed  at  French  Mills,  now  Fort  Cov- 
ington. 


SERVICES    IN    THE   WAR    WITH    GREAT    BRITAIN.       585 

On  the  night  of  the  22d  of  October,  1812,  Lieutenant 
Marcy  accompanied  a  detachment  under  the  com 
mand  of  Major  Young,  whose  object  it  was  to  capture 
a  company  of  Canadian  militia  posted  at  St.  Regis. 
The  attack  was  successful,  and  the  whole  force  of  the 
enemy  were  taken  prisoners.  The  latter  occupied  a 
house  built  of  heavy  square  timber,  but  though  they 
Were  advantageously  situated  for  defence,  made  only 
a  feeble  resistance.  Lieutenant  Marcy  approached 
the  house  with  a  file  of  men,  broke  open  the  door 
himself  at  the  hazard  of  his  life,  and  after  the  garrison 
surrendered,  took  from  each  man  his  arms.  These 
were  the  first  prisoners  taken  on  land  during  the  war.* 
Among  the  spoils  of  the  expedition  was  the  flag  of 
the  British  company,  which  was,  also,  the  first  standard 
taken  on  land.  This  flag  was  afterward  presented 
to  Governor  Tompkins,  and  is  still  preserved  among 
the  honored  trophies  of  the  war  of  1812. 

Immediately  after  this  affair,  Lieutenant  Marcy, 
with  his  company,  joined  the  main  army  under  Gen 
eral  Dearborn,  which  moved  from  Plattsburg  toward 
Canada,  and  finally  took  post  at  Champlain.  He  was 
with  Colonel  Pike  and  his  regiment  in  the  unfortunate 
night  expedition,  in  the  month  of  November,  against 
the  British  encampment  on  Le  Colle  river.  When 
New  York  was  threatened  by  the  enemy,  in  the  fall 

*  General  Cass  had  captured  some  prisoners  in  Michigan,  previous 
to  this  affair,  but  they  were  recaptured,  which  was  not  the  case  with 
those  taken  by  Lieutenant  Marcy. 


556  WILLIAM    L.    MARCY. 

of  1814,  Lieutenant  Marcy  volunteered  with  his  com 
pany  for  another  tour  of  duty,  and  was  stationed  in 
that  city  till  the  close  of  the  campaign. 

As  he  was  friendly  to  the  administration  of  Presi 
dent  Madison,  so,  also,  he  was  among  the  most  active 
supporters  of  Governor  Tompldns;  and  during  the 
war  he  first  brought  himself  into  general  notice,  by  a 
series  of  articles  which  he  wrote,  and  published  in  the 
Albany  Argus,  over  the  signature  of  "Vindex,"  in 
justification  of  the  war,  and  in  defence  of  the  measures 
of  Governor  Tompkins.  These  articles  were  char 
acterized  by  great  research,  by  unusual  force  of  argu 
ment  and  logical  power,  and  were  attributed  to  several 
of  the  ablest  writers  in  the  republican  party  in  the 
state,  and,  among  others,  to  General  Armstrong,  the 
secretary  of  war.  The  ability  as  a  writer  which  he 
had  thus  manifested,  led  to  his  appointment  as  recorder 
of  the  city  of  Troy,  which  office  he  held  for  several 
years,  and  in  connection  with  the  emoluments  of  his 
profession,  enabled  him  to  support  the  family  now 
growing  up  around  him. 

He  had  early  formed  an  acquaintance,  which  speed 
ily  ripened  into  intimacy,  with  Mr.  Van  Buren,  and 
like  him  reluctantly  voted  for  De  Witt  Clinton,  as  the 
regular  candidate  of  the  republican  party  for  the  office 
of  governor,  at  the  April  election  in  1817.  He  was 
among  the  first,  too,  to  express  his  dissatisfaction  with 
the  administration  of  Governor  Clinton  ;  and,  on  ac 
count  of  the  freedom  with  which  he  made  known  his 


RECORDER    OF    TROY.  557 

sentiments  and  his  friendship  for  Mr.  Van  Buren,  he 
was  threatened  with  removal  from  the  office  of  re 
corder,  in  the  winter  of  1818.  At  the  annual  election 
in  the  spring  of  that  year,  the  republican  county  con 
vention  of  Rensselaer  put  in  nomination  a  ticket  com 
posed  of  Clintonians.  Mr.  Marcy,  partly  by  means  of 
his  official  position,  but  mainly  through  his  talents,  had 
already  acquired  considerable  influence,  and  he  had 
placed  himself  at  the  head  of  the  Bucktail  faction  in 
his  county.  Under  his  lead,  therefore,  the  Bucktails 
of  Rensselaer  put  a  new  set  of  candidates  in  nomina 
tion,  and  supported  them  in  opposition  to  the  regular 
ticket.  Although  Governor  Clinton  was  notorious  for 
his  encouragement  of  irregular  nominations,  and  not 
withstanding  his  warm  personal  and  political  friend, 
Obadiah  German,  was  elected  to  the  legislature,  at  the 
same  election,  in  opposition  to  the  regular  Bucktail 
candidate,  the  course  of  Mr.  Marcy  furnished  what  was 
thought  to  be  a  reasonable  pretext  for  his  removal,  and 
in  the  month  of  June,  1818,  the  office  was  taken  from 
him  and  bestowed  upon  one  of  the  friends  of  the  gov 
ernor. 

He  was  now  left  to  depend  upon  the  practice  of  his 
profession  for  a  livelihood.  But  the  temptations  of  a 
political  life  are  not  easily  withstood  by  one  who  has 
experienced  their  seductive  influence ;  its  hopes  and 
its  struggles,  its  disappointments  and  its  successes,  its 
triumphs  and  its  defeats,  each  and  all  have  attractions 
which  it  is  difficult  to  resist.  Mr.  Marcy  had  imbibed 


558 


WILLIAM    L.    MARCY. 


a  fondness  for  politics,  of  which  he  could  not  divest 
himself,  and  for  this  reason,  as  well  as  because  of  his 
sincere  conviction,  that  the  welfare  of  the  state  and 
nation  materially  depended  upon  the  success  of  the 
party  to  which  he  belonged,  he  continued  to  take  as 
deep  an  interest  as  ever  in  the  political  contests  of  the 
day.  He  was  one  of  the  most  efficient  supporters  of 
Mr.  Van  Buren  in  his  efforts  to  reorganize  the  repub 
lican  party  by  the  exclusion  of  the  Clintonians,  in 
1819-20,  and  was  at  this  time  placed  by  common  con 
sent  among  its  leading  members.  Though  no  longer 
in  office,  his  talents  were  often  put  in  requisition  by 
his  political  friends.  In  the  spring  of  1819  he  drew  up 
the  address  of  the  Bucktail  members  of  the  legislature, 
justifying  and  explaining  their  course  in  refusing  to  co 
operate  with  the  Clintonians,  and  in  the  following  au 
tumn  he  aided  Mr.  Van  Buren  in  preparing  the  pamph 
let  entitled  "Considerations  in  favor  of  the  appoint 
ment  of  Rufus  King  to  the  Senate  of  the  United 
States." 

At  the  April  election,  in  1820,  he  supported  Gov 
ernor  Tompkins,  in  opposition  to  Mr.  Clinton.  His 
candidate  was  defeated,  but  the  Bucktails,  or  republi 
cans,  as  they  may  justly  be  called,  elected  a  majority 
of  the  members  of  assembly.  At  the  extra  session  of 
the  legislature,  in  November,  1820,  a  new  council  of 
appointment  was  chosen,  composed  entirely  of  repub 
licans,  by  whom,  in  the  month  of  January,  1821,  Mr. 
Marcy  was  appointed  to  the  office  of  Adjutant  General. 


APPOINTED    COMPTROLLER. 

In  this  position,  of  course,  he  had  no  opportunity  to 
distinguish  himself.  The  duties  which  devolved  upon 
him,  were  wholly  of  a  ministerial  character,  but  they 
were  performed  with  promptitude  and  dispatch,  and  he 
introduced  many  important  reforms  calculated  to  in 
crease  the  usefulness  of  the  department  confided  to  his 
charge. 

In  the  efforts  to  procure  the  passage  of  a  bill  author 
izing  a  convention  to  be  held  to  revise  the  constitu 
tion,  he  was  both  prominent  and  active ;  and  when  the 
constitution  of  1821  had  been  ratified  by  the  people, 
and  John  Savage,  the  comptroller  of  the  state,  had 
been  appointed  Chief  Justice  of  the  new  Supreme 
Court,  he  was  chosen  by  the  legislature,  in  February, 
1823,  to  fill  the  vacant  office.  In  the  caucus  of  the 
republican  members  his  nomination  was  warmly  op 
posed  by  Samuel  Young,  John  Cramer,  and  others,  who 
had  brought  forward  James  Tallmadge,  then  a  leading 
republican  in  Dutchess  county,  and  formerly  a  mem 
ber  of  Congress,  as  a  rival  candidate  ;  but  the  influence 
of  Governor  Yates,  and  the  well-known  preferences  of 
Mr.  Van  Buren,  superadded  to  the  admitted  fitness  of 
Mr.  Marcy  for  the  station,  bore  down  all  opposition, 
and  he  was  nominated  by  a  large  majority. 

While  he  filled  the  office  of  adjutant-general,  he 
found  its  duties  not  incompatible  with  his  residence  in 
Troy  or  with  the  practice  of  his  profession  ;  but  on  his 
election  to  the  comptrollership,  he  removed  to  Albany, 
where  he  has  ever  since  continued  to  reside,  except  for 


560  WILLIAM    L.    MARCY. 

the  four  years  during  which  he  held  a  cabinet  appoint 
ment  under  President  Polk. 

The  office  of  comptroller,  always  an  important  one, 
had  now  become  particularly  so,  in  consequence  of  the 
large  expenditures  on  the  Erie  and  Champlain  Canals, 
and  the  increase  of  the  state  debt.  The  business  ca 
pacity  of  Mr.  Marcy  was  put  to  the  test,  but  so  faith 
fully  and  skilfully  were  his  complicated  duties  dis 
charged,  that  no  opposition  was  offered  to  his  reelec 
tion,  in  the  winter  of  1826.  He  found  the  finances  of 
the  state  in  a  prosperous  condition,  and  it  was  through 
no  fault  of  his,  if  they  were  less  so  when  he  surren 
dered  the  office  to  other  hands.  He  introduced  and 
perfected  the  present  admirable  system  of  collecting 
tolls  and  making  disbursements,  and  he '  first  exacted 
interest  on  the  moneys  of  the  state  deposited  with 
banks.  He  disapproved  of  the  entire  abolition  of  the 
mill  tax  in  1827,  and  repeatedly  called  the  attention  of 
the  legislature,  in  his  able  and  luminous  reports,  to  the 
necessity  of  making  some  similar  provision  for  the 
preservation  of  the  General  Fund.  He  also  opposed 
the  construction  of  the  lateral  canals,  while  he  was  the 
principal  financial  officer  of  the  state,  because  it  was 
not  proposed,  simultaneously  with  their  commence 
ment,  to  provide  the  means  for  the  ultimate  payment 
of  the  debt  to  be  contracted. 

As  comptroller,  also,  Mr.  Marcy  was  a  member  of 
the  far-famed  "  Albany  Regency,"  which,  though  it 
may  not  have  been  justly  obnoxious  to  many  of  the 


ASSOCIATE  JUSTICE  OF  THE  SUPREME  COURT.   561 

censures  of  the  opposition,  for  many  years  controlled 
or  regulated  the  action  of  the  republican  party  in  New 
York.  With  Mr.  Van  Buren,  and  a  large  majority  of 
his  political  friends  in  this  state,  he  advocated  the  elec 
tion  of  Mr.  Crawford  to  the  presidency  in  1824.  In 
1826,  he  supported  Judge  Rochester  in  opposition  to 
Governor  Clinton,  and  he  powerfully  contributed  to 
the  political  revolution  in  1828,  that  elevated  General 
Jackson  to  the  presidential  chair,  and  placed  Mr.  Van 
Buren  at  the  head  of  affairs  in  New  York. 

On  the  15th  day  of  January,  1829,  Mr.  Marcy  was 
appointed  one  of  the  Associate  Justices  of  the  Su 
preme  Court  of  the  state,  to  fill  the  vacancy  occasioned 
by  the  resignation  of  Judge  Wood  worth.  To  this  new 
position,  beside  his  acknowledged  talents,  he  carried  a 
sound  and  clear  judgment,  correct  legal  learning,  im 
partiality,  and  integrity  of  purpose.  In  his  hands  the 
judicial  reputation  of  the  state  did  not  suffer,  but  he  de 
meaned  himself  in  his  high  office  with  credit  to  her 
and  to  himself.  While  he  had  a  seat  upon  the  bench, 
he  presided  at  the  special  circuit  held  at  Lockport,  in 
1830,  for  the  trial  of  the  abductors  of  William  Morgan. 
His  course  during  these  important  and  exciting  trials  ; 
his  urbanity,  his  firmness,  and  his  impartial  decisions, 
were  highly  commended  by  men  of  all  parties. 

The  selection  of  Mr.  Marcy  as  a  judge  of  the  Su 
preme  Court  gave  great  satisfaction  to  his  friends,  and 
to  the  members  of  the  bar;  and  consequently,  his 
early  resignation  of  the  office  occasioned  many  feel- 
24* 


33 


562  WILLIAM    L.    MARCY. 

ings  of  disappointment  among  those  who  were  not  ac 
quainted  with  the  moving  causes.  He  had  long  been 
the  confidential  friend  of  Mr.  Van  Buren,  and  the  latter 
had  determined,  in  the  winter  of  1830-31,  to  resign  the 
office  of  secretary  of  state  soon  after  the  close  of  the 
session  of  Congress.  The  mutual  friends  of  Mr. 
Marcy  and  himself,  in  the  state  of  New  York,  were 
then  anxiously  looking  forward  to  his  advancement  to 
the  highest  office  in  the  nation ;  and  it  became  im 
portant,  therefore,  that,  when  he  left  Washington,  his 
interests  should  be  represented  there  by  a  reliable 
friend,  one,  too,  possessing  great  ability  and  shrewd 
ness.  The  term  of  office  of  Nathan  Sanford  as  a 
Senator  in  Congress,  was  about  to  expire,  on  the  4th 
of  March,  1831.  Judge  Marcy  was  accordingly  fixed 
on  as  his  successor,  by  the  active  managers  in  the  re 
publican  party,  and  he  was  duly  nominated,  at  a  legis 
lative  caucus  held  on  the  evening  of  the  31st  of  Janu 
ary.  He  received  seventy-seven  votes,  on  the  first 
and  only  ballot,  and  there  were  fifteen  given  forErastus 
Root. 

It  was  with  great  reluctance,  that  he  came  to  the 
determination,  that  duty  to  his  friend  and  his  party 
required  him  to  sacrifice  a  position,  more  desirable  in 
a  pecuniary  point  of  view,  and  far  more  pleasing  to 
him,  than  that  to  which  it  was  now  proposed  to  transfer 
him.  He  resigned  the  judgeship  on  the  evening  of  the 
31st,  immediately  after  the  result  of  the  caucus  was 
communicated  to  him,  and  on  the  following  day  was 


DEFENCE    OF    MR.    VAN    BUREN. 

elected  a  senator  for  six  years  from  the  fourth  day  of 
March  ensuing.  He  took  his  seat  in  the  Senate  at  the 
commencement  of  the  next  session,  in  December,  1831. 
His  reputation  for  ability  had  preceded  him  to  Wash 
ington,  and  he  was  complimented  by  being  appointed 
to  the  important  positions  of  chairman  of  the  commit 
tee  on  the  judiciary,  and  of  a  member  of  the  commit 
tee  on  finance. 

Almost  the  first  act  of  his  senatorial  career  was  the 
defence  of  his  friend  Mr.  Van  Buren,  who  had  been 
appointed,  during  the  recess,  to  the  English  mission. 
As  there  were  older  senators  who  were  more  familiar 
with  the  negotiations  in  regard  to  the  colonial  trade, 
he  had  determined  not  to  take  part  in  the  discussion ; 
but  when  the  poll  lies  of  New  York  were  attacked  by 
Mr.  Clay,  and  Mr.  Van  Buren  and  his  friends  were 
charged  with  being  the  first  to  introduce  party  pro 
scription  in  the  national  politics,  he  could  not  remain 
silent  He  spoke  twice  during  the  debate,  and  the  fol 
lowing  are  extracts  from  his  remarks : — 

"The  occasion  which  renders  it  proper,  that  I  should  say  some 
thing,  has  arisen  in  consequence  of  what  has  fallen  from  the  honorable 
senator  from  Kentucky  (Mr.  Clay.)  His  attack  was  not  confined  to  the 
nominee  (Mr.  Van  Buren ;)  it  reaches  the  state  which  I  represent  in  this 
body.  One  of  the  grounds  of  opposition  to  the  minister  to  London, 
taken  by  the  senator  from  Kentucky,  is  the  pernicious  system  of  party 
politics  adopted  by  the  present  administration,  by  which  the  honors  and 
offices  are  put  up  to  be  scrambled  for  by  partisans,  <fec., — a  system 
which  the  minister  to  London,  as  the  senator  from  Kentucky  alleges, 
has  brought  here  from  the  state  in  which  he  formerly  lived,  and  had 


564  WILLIAM    L.    MARCY. 

for  so  long  a  time  acted  a  conspicuous  part  in  its  political  transactions. 
I  know,  sir,  that  it  is  the  habit  of  some  gentlemen  to  speak  -with  cen 
sure  or  reproach  of  the  politics  of  New  York.  Like  other  states,  we 
have  contests,  and,  as  a  necessary  consequence,  triumphs  and  defeats. 
The  state  is  large,  with  great  and  diversified  interests ;  in  some  parts 
of  it,  commerce  ia  the  object  of  general  pursuit ;  in  others,  manufac 
tures  and  agriculture  are  the  chief  concerns  of  its  citizens.  We  hare 
men  of  enterprise  and  talents,  who  aspire  to  public  distinction.  It  is 
natural  to  expect  from  these  circumstances,  and  others  that  might  be 
alluded  to,  that  her  politics  should  excite  more  interest  at  home,  and 
attract  more  attention  abroad,  than  those  of  many  other  states  in  the 
Confederacy. 

"  It  may  be,  sir,  that  the  politicians  of  New  York  are  not  so  fas 
tidious  as  some  gentlemen  are,  as  to  disclosing  the  principles  on  which 
they  act.  They  boldly  preach  what  they  practice.  When  they  are 
contending  for  victory,  they  avow  their  intention  of  enjoying  the  fruits 
of  it.  If  they  are  defeated,  they  expect  to  retire  from  office ;  if  they 
are  successful,  they  claim,  as  a  matter  of  right,  the  advantages  of 
success.  They  see  nothing  wrong  in  the  rule,  that  to  the  victor 
belongs  the  spoils  of  the  enemy. 

"  But  if  there  be  anything  wrong  in  the  policy  which  the  senator 
from  Kentucky  has  so  strongly  reprobated,  he  should  know  that  this 
policy  is  not  confined  to  the  minister  to  London  and  his  friends  in 
New  York,  but  is  practiced  by  his  (Mr.  Clay's)  own  political  friends  in 
that  state  :  he  should  know,  that  if  to  one  man,  more  than  any  other 
now  living,  the  existence  of  that  policy  is  to  be  ascribed,  it  is  to  one* 
of  the  senator's  own  political  friends.  The  practice  of  making  exten 
sive  changes  in  the  oflSces,  on  the  change  of  parties  in  that  state,  waa 
begun,  I  believe,  before  the  nominee  was  upon  the  political  stage ; 
certainly  while  he  was  quite  a  young  man,  and  before  he  had  acquired 
great  consideration  in  political  affairs.  I  must  be  permitted,  sir,  to 
say,  that  of  all  the  party-men  with  whom  I  have  acted,  or  been  par 
ticularly  acquainted,  (and  the  number  of  such  is  not  small,)  I  know  of 
*  -  .. 

*  Ambrose  Spencer. 


REMOVALS    FROM    OFFICE. 

no  one  who  has  acted  with,  or  advised  to,  more  moderation  than  the 
person  whose  nomination  we  are  now  considering. 

"  When  the  senator  from  Kentucky  condemns  the  present  adminis 
tration  for  making  removals  from  office,  and  then  ascribes  the  act  to 
the  pernicious  system  of  politics  imported  from  New  York,  I  fear  he 
does  not  sufficiently  consider  the  peculiar  circumstances  under  which 
the  present  administration  came  into  power.  General  Jackson  did  not 
come  in  tinder  the  same  circumstances  that  Mr.  Adams  did,  or  Mr. 
Monroe,  or  Mr.  Madison.  His  accession  was  like  that  of  Mr.  Jefferson. 
He  came  in,  sir,  upon  a  political  revolution.  The  contest  was  without 
a  parallel  Much  political  bitterness  was  engendered.  Criminations 
and  recriminations  were  made.  Slanders  of  a  most  extraordinary  char 
acter  flooded  the  land.  When  the  present  chief  magistrate  took  upon 
himself  the  administration  of  the  government,  he  found  almost  all  the 
offices,  from  the  highest  to  the  lowest,  filled  by  political  enemies.  *  *  * 

"I  have  very  good  reasons  for  believing  that  it  is  the  gentleman's 
rule  of  conduct,  to  take  care  of  his  friends  when  he  is  in  power. 
It  requires  not  the  foresight  of  a  prophet,  to  predict,  that  if  he  shall 
come  into  power,  he  will  take  care  of  his  friends,  and  if  he  does,  I 
can  assure  him,  I  shall  not  complain;  nor  shall  I  be  in  the  least 
surprised  if  he  imitates  the  example  which  he  now  so  emphatically 
denounces.  *  *  * 

"I  must  again  allude  to  the  grounds  of  the  removal  of  some 
subordinate  officers  by  the  present  administration,  in  order  that  it 
may  be  understood  upon  what  principle  the  act  is  vindicated,  and  to 
repel  the  charge  of  wanton  proscription.  The  necessities  of  the  late 
administration  were  such  that  it  compelled  these  officers  to  become 
partisans  in  the  struggle.  Many  of  them  mingled  in  the  hottest  of  the 
fight ;  they  were  paragraph  writers  for  the  newspapers,  and  the  dis 
tributors  of  political  handbills ;  and  thereby  exposed  themselves  to  the 
vicissitude  to  which  those  are  always  exposed  for  whom  the  political 
contests  in  free  governments  are  waged.  If  among  this  class  of 
officers  there  yas  more  mortality  attendant  upon  the  late  conflict,  it 
teas  because  there  was  more  disease. 

"  The  senator  from  Kentucky  has  denounced  removals  from  office 


566  WILLIAM    L.    MARCY. 

as  a  violation  of  the  freedom  of  opinion,  and  the  liberty  of  speech  and 
action.  He  advocates  a  course  of  conduct  toward  political  opponents, 
characterized  by  great  moderation  and  forbearance,  and  what  is  much 
more,  he  professes  to  have  conformed  his  actions  to  his  precepts.  We 
all  of  us,  I  believe,  admire  these  liberal  sentiments,  and  feel  disposed, 
in  our  abstract  speculations,  to  adopt  them  as  the  rule  of  our  conduct. 
The  theory  is,  indeed,  beautiful ;  but,  sir,  do  we  put  them  in  practice 
when  brought  to  the  experiment »  I  would  ask  the  honorable  senator, 
if  he  has,  himself,  practiced  them  ?  I  will  not  say  he  has  not,  because 
he  assures  us  he  has ;  but  I  will  say,  that  some  part  of  his  public  con 
duct  has  exposed  him  to  a  strong  suspicion  of  having  departed  from 
the  path  which  he  now  points  out  as  the  true  one,  and  of  having  wan 
dered  into  that  which  he  now  thinks  it  is  so  censurable  for  others  to 
have  pursued. 

"  It  will  be  recollected,  sir,  that  there  is  considerable  patronage 
attached  to  the  department  of  state.  To  it  appertains  the  selection  of 
the  newspapers  in  which  the  laws  of  the  United  States  are  published. 
I  well  remember  that  while  that  honorable  senator  was  at  the  head 
of  that  department,  and  when  the  fortunes  of  the  late  administration 
began  to  wane,  the  patronage  of  publishing  the  laws  was  withdrawn 
from  certain  public  journals  which  had  long  enjoyed  it.  What  was 
the  cause  of  this  change — this  removal  from  office,  I  believe  I  may 
call  it  ?  It  was  not  a  violent  and  vindictive  opposition  to  the  existing 
adminiatratioa  Some  of  these  journals  had  scarcely  spoken  in  whis 
pers  against  it.  No,  sir,  it  was  for  lukewarmness — for  neutrality.  A 
want  of  zeal  in  the  cause  of  the  administration  was  alleged  to  be  the 
offence;  proscription  was  the  punishment  Where  was  then  that 
•acred  regard  for  the  freedom  of  opinion  and  the  liberty  of  speech 
and  action  which  we  now  hear  so  highly  extolled  ?  Was  not  this  an 
attempt  to  control  public  opinion  through  the  medium  of  the  press, 
and  to  bring  that  press  into  a  subserviency  to  the  views  of  the  men  in 
power!" 

The  views  expressed  by  Mr.  Marcy  on  the  subject 
of  removals  from  office  show  the  eminently  practical 


APPORTIONMENT    BILL.  567 

character  of  his  mind.  He  did  not  regard  men  as  an 
gels,  but  looked  upon  them  as  possessing  all  the  attri 
butes  of  mortality, — its  selfishness,  its  passions,  and  its 
prejudices.  The  theory  of  those  who  are  opposed  to 
party  proscription,  as  it  is  termed,  is  but  a  theory; 
and  it  cannot  well  be  anything  more,  until  the  world 
becomes  a  great  deal  wiser  and  better  than  it  is. 
Washington  himself,  the  pure  and  high-minded,  did 
not  hesitate  to  remove  the  enemies  of  his  administra 
tion;  and  no  politician  ever  persisted  in  continuing 
his  opponents  in  office,  without  blighting  his  pros 
pects  forever. 

On  the  8th  of  March,  1832,  Mr.  Marcy  spoke  on 
the  apportionment  bill.  He  had  been  a  member  of 
the  select  committee,  who  reported  on  the  bill,  which 
originated  in  the  House,  and  therefore  felt  it  incum 
bent  upon  him  to  explain  and  vindicate  his  oppo 
sition  to  it.  He  thought  it  unequal,  and  liable  to  the 
same  objections  that  called  forth  the  veto  of  Presi 
dent  Washington  in  1792,  because  it  allotted  members 
to  fractions.  His  speech  was  not  lengthy,  but  a  clear 
and  masterly  effort,  and  mainly  in  reply  to  Daniel 
Webster  on  the  constitutional  principle. 

The  tariff  question  was  agitated  during  the  period  of 
his  service  in  the  Senate.  Various  propositions  were 
brought  forward  and  discussed  ;  a  majority,  perhaps, 
of  the  members  of  both  Houses  being  sincerely  desir 
ous  of  adopting  some  compromise  plan  that  would  sat 
isfy,  or  that  ought  to  satisfy  the  manufacturing  inter- 


568  WILLIAM    L.    MARCY. 

ests,  and  at  the  same  time  quiet  the  agitation  in  the 
staple  states.  This  was  Mr.  Marcy's  position.  He 
was  in  favor  of  removing  the  duties  on  the  non-pro 
tected  articles,  but  opposed  to  any  project  that  re 
quired  protection  to  be  absolutely  given  up.  On  the 
17th  of  March,  he  voted  for  a  resolution  introduced  by 
Mr.  Clay,  declaring  that  the  duties  on  non-protected 
articles  ought  to  be  abolished,  but  proposed  to  amend 
it,  by  adding  the  following  clause  : — "  And  that  the 
duties  on  articles  imported  into  the  United  States, 
similar  to  such  as  are  made  or  produced  therein,  ought 
to  be  so  graduated  as  not  to  exclude  such  foreign  ar 
ticles  from  coming  into  competition  in  our  markets 
with  those  made  and  produced  in  the  United  States ; 
but  to  establish  the  competition  on  such  terms,  as  shall 
give  a  reasonable  encouragement  and  protection  to  the 
manufactures  and  products  of  the  United  States."  He 
desired  to  have  the  whole  tariff  question  opened,  fairly 
and  fully  discussed,  and  finally  settled,  on  an  equitable, 
just,  and  firm  basis.  He  wished  to  continue  protec 
tion  to  such  branches  of  industry  as  were  entitled  to 
and  needed  it,  but  not  by  so  doing  to  oppress  any  in 
terest  or  any  section  of  the  country.  As  the  result  of 
the  debates  in  Congress  at  this  session,  the  law  of  1832 
was  enacted.  Mr.  Marcy  did  not  approve  of  all  the 
details  of  this  bill,  but  voted  for  it  as  an  improvement 
on  the  old  system,  which,  he  was  satisfied,  ought  not 
to  be  longer  continued  in  force. 

Since  then,  his  views  upon  this  great  question  have 


COURSE  ON  THE  TARIFF.  569 

kept  pace  with  the  tendency  of  the  opinions  of  the 
democratic  party  toward  a  strict  revenue  tariff.  To 
the  law  of  1842  he  was  unequivocally  opposed.  It 
would  not  be  just  to  him,  however,  to  say  that  he  ap 
proved  of  every  feature  and  clause  of  the  act  of  1846, 
for  that  statesman  or  politician  who  did  so  could 
scarcely  be  found  in  the  country.  In  a  nation  where 
there  are  so  many  conflicting  industrial  interests, 
measures  of  that  kind  must  ever  have  a  compromise 
character.  But  the  general  principles  of  the  law  of 
1846  conformed  so  nearly  to  his  views  that  he  rejoiced 
most  heartily  at  its  passage. 

He  coincided  fully  with  General  Jackson  upon  the 
subject  of  the  United  States  Bank,  voted  against  its 
recharter,  and  approved  of  the  veto.  He  has  sub 
sequently  expressed  his  views  on  this  question,  at  dif 
ferent  times,  and  always  against  the  expediency,  the 
necessity,  and  the  constitutionality  of  a  national  bank. 

Approving  of  the  principles  of  the  Maysville  veto, 
he  voted  against  the  bill  providing  for  the  improve 
ment  of  harbors  and  rivers  which  was  passed  at  this 
session,  but  failed  to  receive  the  approbation  of  Presi 
dent  Jackson,  because  it  contained  a  number  of  objec 
tionable  objects  of  expenditure.  Among  the  other  im 
provements  specified  in  the  bill,  was  the  removal  of 
the  obstructions  in  the  Hudson  river  below  Albany ; 
and  the  interests  and  inclinations  of  Mr.  Marcy  would 
have  led  him  to  vote  in  its  favor,  but,  though  he  ap 
proved  of  this  feature,  he  would  not,  to  gratify  either 


570  WILLIAM    L.    MARCY. 

his  own  personal  feelings,  or  the  wishes  of  his  constit 
uents  on  one  subject,  lend  his  votes  or  sanction  to  "  a 
precedent  dangerous  to  the  state." 

At  this  session,  also,  Mr.  Marcy  voted  against  Mr. 
Clay's  bill  providing  for  the  distribution  of  the  proceeds 
of  the  public  lands  among  the  states.  To  this  measure 
he  has  ever  been  opposed,  and  has  favored  the  antago 
nist  proposition  of  the  cession  of  the  lands,  in  connec 
tion  with  the  preemption  policy. 

In  consequence  of  the  prevalence  of  the  Asiatic 
cholera  on  the  seaboard,  Mr.  Marcy,  with  most  of  the 
members  of  Congress  from  the  northern  states,  re 
turned  home  at  the  close  of  the  session,  in  the  month 
of  July,  by  way  of  Harrisburg.  In  compliment  to  his 
high  character,  a  public  dinner  was  tendered  to  him 
by  the  republicans  of  that  city,  but  his  stay  there  be 
ing  very  brief  he  felt  compelled  to  decline  the  invi 
tation. 

Early  in  the  previous  winter,  Governor  Throop  had 
announced  his  determination  not  to  become  a  candi 
date  for  reelection,  and  almost  simultaneously  with  the 
announcement,  Judge  Marcy  was  proposed  as  his  suc 
cessor  by  the  New  York  Courier  and  Enquirer,  which 
paper,  however,  did  not  aid  in  his  election,  but  soon 
after  changed  its  ground  and  opposed  the  democratic 
party  in  the  state  and  nation.  As  if  moved  by  a  spon 
taneous  impulse,  the  republican  papers  in  the  state, 
with  very  few  exceptions,  responded  favorably  to  the 
suggestion ;  and  long  before  the  nominations  were  reg- 


NOMINATED  FOR  GOVERNOR.          571 

ularly  made,  it  was  generally  understood  who  the  can 
didates  were  to  be.  During  the  winter  powerful  efforts 
had  been  made  to  bring  forward  General  Root,  but  he 
had  shown  so  many  symptoms  of  disaffection,  that  but 
little  strength  was  secured  for  him,  and  he  shortly  after 
ward  abandoned  his  old  political  associates,  and  at 
tached  himself  to  the  opposition  party. 

The  antimasons  were  early  in  the  field,  having  nom 
inated  Francis  Granger  for  governor  and  Samuel 
Stevens  for  lieutenant-governor — the  same  ticket  they 
had  supported  in  1830 — at  a  state  convention  held  in 
the  month  of  June.  The  Herkimer  convention  met 
in  September,  and  on  the  first  ballot  for  governor, 
Mr.  Marcy  received  one  hundred  and  thirteen  of  the 
one  hundred  and  nineteen  votes  cast.  The  friends 
of  the  Chenango  Canal  formed  a  powerful  party  in  the 
convention,  and  as  the  election  promised  to  be  warmly 
contested,  both  upon  the  state  and  electoral  tickets, 
John  Tracy,  of  Chenango  county,  a  friend  of  the  pro 
posed  canal,  and  a  prominent  republican  in  that  sec 
tion  of  the  state,  was  selected  without  difficulty  as  the 
candidate  for  lieutenant-governor. 

At  this  election  the  coalition  between  the  national 
republicans  and  antimasons  in  the  state  of  New  York 
was  complete.  The  former  nominated  at  their  con 
vention  and  supported  the  antimasonic  state  ticket, 
and  also  the  electoral  ticket  which  the  antimasons  had 
adopted  ;  the  latter,  however,  contained  a  fair  propor 
tion  of  national  republicans,  and  it  was  tacitly  under- 


572  WILLIAM    L.    MARCY. 

stood  that  the  candidates,  if  successful,  would  give  the 
vote  of  the  state  to  Henry  Clay,  or  to  William  Wirt, 
the  nominees  respectively  of  the  national  republican 
and  antimasonic  parties,  if  the  election  of  either  could 
thus  be  secured. 

The  canvass  was  warm,  particularly  on  account  of 
the  bank  question  and  other  national  issues,  but  the 
democratic  state  and  electoral  tickets  were  successful. 
Mr.  Granger  ran  ahead  of  the  coalition  electors,  in  the 
Chenango  valley  and  western  districts,  but  as  Judge 
Marcy  was  not  a  mason,  nor  committed  against  the 
Chenango  Canal,  he  was  well  sustained  by  his  party 
friends.  His  majority  over  Mr.  Granger  fell  a  little 
short  of  ten  thousand  in  an  unusually  heavy  poll. 

Parties  in  the  Senate  being  almost  equally  divided, 
Mr.  Marcy  resumed  his  seat  at  the  commencement  of 
the  next  session  of  Congress,  but  resigned  it  in  time  to 
enter  upon  his  duties  as  governor  of  the  state,  on  the 
1st  day  of  January,  1833.  His  first  message  was 
looked  for  with  some  interest.  As  a  literary  produc 
tion,  it  called  forth  commendation  from  every  quarter, 
as,  indeed,  was  anticipated  by  those  who  knew  what  a 
practiced  pen  he  wielded.  The  financial  policy  of  the 
state  was,  as  it  had  been  for  several  years,  the  great 
subject  of  interest,  and  it  had  a  deserved  prominence 
in  the  message.  The  annexed  extracts  will  show  the 
chart  he  laid  down  for  his  guidance,  when  he  first  took 
hold  of  the  helm,  which  Governor  Throop  resigned  to 
his  hands : — 


FIRST    MESSAGE.  573 

"  The  General  Fund  is  almost  exhausted,  by  the  liberal  contributions 
it  has  yielded  to  all  the  other  funds,  by  the  payment  of  the  state  debts, 
and  by  furnishing,  unaided  for  the  last  five  years,  all  the  means  for  the 
ordinary  and  extraordinary  expenses  of  the  government.  The  revenue 
from  this  fund  has  at  no  time  been  sufficient,  without  the  avails  of  a 
general  tax,  to  satisfy  the  demands  upon  the  treasury.  In  order  to 
meet  these  demands,  and  to  relieve  our  fiscal  affairs  from  embarrass 
ments,  it  became  necessary,  in  eighteen  hundred  and  fourteen,  to  impose 
a  tax  of  two  mills  on  each  dollar  of  the  valuation  of  real  and  personal 
property  in  the  state.  This  tax  was  continued  until  eighteen  hun 
dred  and  eighteen;  then  it  was  reduced  to  one  mill;  in  eighteen 
hundred  and  twenty-four  to  half  a  mill,  and  in  eighteen  hundred  and 
twenty-seven  it  was  wholly  discontinued.  When  the  legislature 
refused  to  continue  the  tax,  it  was  well  understood  that  the  General 
Fund  could  not  long  sustain  the  burden  cast  upon  it ;  that  its  capital 
would  be  rapidly  reduced,  and  soon  .exhausted.  Though  this  event 
has  not  approached  so  rapidly  as  was  anticipated,  it  is  now  at  hand, 
and  this  session  should  not,  in  my  judgment,  be  permitted  to  pass 
away  without  providing  the  means,  by  the  adoption  of  some  settled 
plan,  to  satisfy  the  demands  that  must  inevitably  be  made  upon  the 
treasury.  The  annual  expenses  of  the  government,  in  Tuture  years, 
will  not  fall  far  below  three  hundred  thousand  dollars,  and  all  the 
available  means  for  the  current  year,  other  than  a  resort  to  the  remain 
ing  capital  of  the  General  Fund,  will  be  less  than  one  hundred  thousand 
dollars. 

"  According  to  the  statement  of  the  Comptroller,  the  capital  of  this 
fund  is  now  only  five  hundred  and  seventy-eight  thousand  three  hundred 
and  ten  dollars ;  and  if  from  this  amount  be  deducted  the  debt  due  for 
the  stock  issued  to  John  Jacob  Astor,  now  payable  at  the  pleasure  of  the 
state,  this  capital  may  be  regarded  as  almost  entirely  expended.  At 
the  period  when  the  state  tax  was  discontinued,  I  had  the  charge  of  the 
financial  department  of  the  government.  Disapproving  of  the  policy 
of  impairing  the  General  Fund,  I  recommended  the  continuance  of  the 
tax ;  and  in  subsequent  years  I  deemed  it  my  duty  to  urge  a  return 
to  it.  It  would  be  useless  to  attempt  now  to  determine  whether  the 


574  WILLIAM    L.    MARCY. 

policy  thus  recommended,  and  I  believe  every  year  since  urged  upon 
the  legislature  by  the  head  of  that  department,  and  for  the  three  last 
years  by  the  Executive,  was  preferable  to  the  course  -which  has  been 
pursued.  We  are  now  brought  to  a  condition  in  which  the  expedient 
heretofore  used  for  meeting  the  demands  on  the  treasury,  can  be  no 
longer  resorted  to,  and  a  new  system  of  revenue  must  be  devised. 

"  A  movement  has  been  made  for  the  purpose  of  releasing  the 
auction  and  salt  duties  from  the  constitutional  pledge  by  which  they  are 
secured  to  the  canal  fund.  If  this  measure  should  be  consummated, 
and  the  avails  of  these  duties  restored  to  the  General  Fund,  and  the 
amount  of  the  income  from  these  sources  should  not  be  materially 
affected  by  the  anticipated  change  in  the  salt  duty,  or  the  possible 
legislation  of  Congress  in  relation  to  auction  sales, — the  revenue  would 
in  this  manner  receive  an  augmentation  which  will  render  it  nearly,  or 
quite  equal  to  the  demands  upon  it.  But  it  will  be  perceived,  that  this 
proposed  measure  is  beset  with  contingencies  which  cannot  be  effec 
tually  controlled  by  your  legislation.  The  people  may  not  approve  of 
the  proposition  to  release  the  pledge ;  and  if  they  should,  it  may  not 
be  deemed  wise  to  draw,  after  the  canal  debt  is  paid,  a  large  revenue 
from  these  sources,  or  to  devote  what  may  be  thence  drawn  to  the  sup 
port  of  the  government. 

"  The  canals  are  rapidly  accumulating  the  means  for  the  extinguish 
ment  of  the  debt  for  which  their  income  is  hypothecated.  When  this 
object  is  accomplished,  the  tolls  may,  with  fair  claims  of  justice,  be 
resorted  to,  for  the  means  of  replenishing  the  treasury,  to  an  amount 
at  least  equal  to  the  sum  abstracted,  for  the  benefit  of  the  canals,  for 
the  benefit  of  the  General  Fund.  On  whatever  principle  this  account 
shall  be  stated,  the  sum  that  will  be  found' due,  will  probably  be  suffi 
cient,  not  only  to  reimburse  any  loans  which  may  be  made  for  defray 
ing  the  expenses  of  the  government,  but  to  afford  a  temporary  aid  to 
such  works  of  internal  improvement  as  the  state  may  think  it  wise  and 
prudent  to  undertake. 

"The  money  diverted  from  the  General  Fund  to  the  use  of  the 
canals,  belongs  equally  to  the  citizens  in  all  parts  of  the  state ;  but 
the  object  to  which  it  was  appropriated,  though  eminently  beneficial, 


FINANCIAL    POLICY    OF    THE    STATE. 


575 


vras  not  so  to  all  in  an  equal  degree.  The  inhabitants,  in  districts  of 
the  state  remote  from  the  canals,  do  not  derive  as  much  advantage 
from  them,  as  those  in  their  immediate  vicinity ;  they  will  thereforo 
naturally  prefer  to  have  the  treasury  replenished  by  a  repayment  of 
the  contributions  made  to  the  canals,  rather  than  by  resorting  to  a 
general  tax  The  justice  of  a  claim  upon  the  revenue  of  the  canals  to 
some  extent,  in  favor  of  the  General  Fund,  will  probably  not  be  denied ; 
but  the  amount  which  shall  be  repaid,  and  the  objects  to  which  it 
shall  be  appropriated,  will  doubtless  give  rise  to  much  diversity  of 
opinion.  If  we  were  prepared  to  settle  these  questions,  we  have  not 
the  power  to  do  so ;  they  must  be  left  for  our  successors.  Shall  we 
then  anticipate  their  decision,  and  accumulate  a  debt  for  the  ordinary 
expenses  of  the  government,  trusting  to  the  future  appropriations  of 
the  income  of  the  canals,  for  its  repayment  ?  Without  a  confident 
reliance  on  this,  or  some  other  certain  and  specific  resource  for  its 
redemption,  there  are,  in  my  mind,  strong  objections  to  the  creation 
of  such  a  debt.  A  national  debt  has  been  regarded  by  the  true 
friends  of  a  republican  government  as  a  national  evil.  When  the 
public  funds  are  not  drawn  immediately  from  the  people,  a  proper 
sense  of  dependence  on  the  part  of  those  who  have  the  appropriation 
of  them  is  lost;  and  a  salutary  check  to  improvident  and  profuse 
expenditure  is  removed.  When  the  motive  for  the  constituent  to 
scrutinize  the  conduct  of  the  representative  is  enfeebled,  the  latter 
ceases  to  feel  and  act  under  the  consciousness  of  a  due  accountability. 
If  the  force  of  this  relationship  in  a  government  like  ours  be  weakened, 
the  action  of  the  whole  political  system  is  deranged ;  economy  is  no 
longer  regarded  as  a  political  virtue ;  public  spirit  loses  its  true  aim ; 
and  its  energies  are  directed  to  personal  and  ignoble  ends.  A  large 
funded  debt  has  a  tendency  to  create  artificial  distinctions  among  the 
people — to  divide  society  into  the  rich  and  the  poor,  and  to  bring 
about  a  state  of  things,  in  which  labor  is  made  tributary  to  wealth, 
and  power  purchased  by  influence.  At  this  time,  when  the  general 
government  is  presenting  for  the  admiration  of  the  world  the  unpre 
cedented  fact,  of  the  total  extinguishment  of  a  large  national  debt,  it 
would  ill  become  this  state,  eminently  distinguished  for  her  wealth,  her 


576 


WILLIAM    L.    MARCY. 


resources,  and  the  enterprising  spirit  of  her  citizens,  to  counteract  in  any 
degree,  this  impressive  political  lesson,  by  the  commencement  of  a  debt 
for  the  purpose  of  defraying  the  expenses  of  the  government. 

"  A  national  debt  may  be  the  result  of  inevitable  necessity.  The 
efforts  which  nations  are  sometimes  required  to  make,  to  recover  their 
civil  liberty,  or  to  defend  their  rights,  may  involve  an  expenditure 
beyond  their  present  ability  to  pay.  A  debt  thus  contracted  confers 
no  reproach,  and  its  payment  may  be  deferred  until  the  people  that 
incurred  it,  have  replenished  their  resources,  and  become  able  to  sus 
tain  the  burden  of  discharging  it,  without  withering  their  prosperity. 
Such  was  the  origin  of  our  national  debt,  and  such  has  been  our 
course  in  regard  to  its  payment.  The  debt  contracted  by  this  state  on 
account  of  the  canals,  is  justified  on  a  different  principle.  The  object 
for  which  it  was  incurred,  was  specific,  and  ample  means  for  its 
speedy  redemption  were  provided  in  the  very  act  which  authorized  it. 
It  could  in  no  event  have  been  forwarded  on  to  a  future  age,  as  an 
incumbrance  upon  it,  to  be  paid  by  a  general  tax,  without  a  violation 
of  the  most  solemn  pledges. 

"  Whether  a  resort  to  a  general  tax,  moderate  in  amount,  in  order 
to  provide  the  means  to  meet  exigencies  of  the  government,  shall  be 
forborne,  and  a  reliance  be  placed  on  the  chance  of  deriving  sufficient 
aid  for  that  purpose  from  the  duties  on  salt  and  auction  sales ;  or  a 
debt  shall  be  contracted,  with  a  view  to  its  redemption,  from  the 
canal  revenue,  after  it  is  relieved  from  its  present  hypothecation  ;  are 
questions  which  may  with  propriety  be  left  to  the  immediate  repre 
sentatives  of  the  people.  If  upon  due  deliberation,  you  should 
determine  to  levy  a  tax,  and  leave  the  other  revenues  unanticipated 
and  unimpaired,  to  be  managed  and  disposed  of  by  your  successors, 
as  the  best  interests  of  the  state  shall  indicate,  when  the  existing 
incumbrance  is  removed,  I  feel  the  fullest  confidence  that  the  people 
will  cheerfully  acquiesce  in  the  decision. 

"There  is  no  subject  connected  with  our  local  affairs  that  we 
can  contemplate  with  BO  much  satisfaction  as  our  works  of  internal 
improvement.  The  advantages  resulting  from  them  are  felt  in  all 
parts  of  the  state,  and  in  the  diversified  occupations  of  our  citizens. 


FINANCIAL    POLICY  OP    THE    STATE.  577 

Everywhere  their  beneficial  effects  are  visible,  bearing  testimony  to 
the  wisdom  which  conceived  the  system,  and  to  the  enterprise  which 
put  it  into  practical  operation.  The  peculiar  formation,  indicated 
at  an  early  period  to  some  of  our  enlightened  and  sagacious  citizens, 
the  practicability,  as  well  as  the  usefulness,  of  connecting  the  great 
northern  and  western  lakes  with  the  Atlantic  ocean  by  means  of  artificial 
water  communications.  The  enterprise  of  the  present  age  has  most 
successfully  carried  into  effect  the  grand  conceptions  of  the  past. 
The  spirit  which  prompted  us  to  enter  upon  this  system  was  not, 
however,  wild  and  reckless;  while  it  anxiously  sought  the  end,  it 
carefully  estimated  and  wisely  provided  the  means  for  its  attainment- 
Though  much  has  been  done  to  improve  the  condition  of  our  state, 
much  yet  remains  to  be  done.  While  we  allow  the  success  which  has 
attended  our  efforts  at  home,  to  impel  us  forward  in  the  career  of 
improvement,  we  should  not  be  regardless  of  the  less  fortunate  effects 
which  have  resulted  from  similar  enterprises  abroad.  On  the  one 
hand,  it  would  be  unworthy  of  the  character  of  the  state  to  pause  in 
this  career :  on  the  other,  it  would  be  more  unwise  to  rush  forward  in 
it,  accumulating  burdens  upon  the  people  without  securing  proportion 
ate  advantages. 

"From  all  internal  improvements,  there  necessarily  result  local 
benefits,  and  it  is  natural  that  those  parts  of  the  state  which  have  not 
participated  in  them  should  indulge  an  impatient  desire  to  do  so. 
"Wise  legislation  should  endeavor  to  gratify  this  desire  as  far  as 
practicable,  when  it  can  be  done  with  due  regard  to  the  public  interest. 
Local  interests  concurring  with,  or  pretending  to,  the  general  good, 
will  devise  and  press  upon  your  consideration  particular  plans  for 
improvement,  both  by  canals  and  roads ;  and  if  you  should  deter 
mine  that  it  was  expedient  to  do  more  at  present  than  to  com 
plete  those  already  begun,  the  difficult  and  responsible  duty  of 
selection  will  devolve  on  you.  Though  revenue  is  not  the  sole 
consideration  that  should  influence  your  decision,  it  ought  to  have 
great  weight  with  you,  for  it  will  be  a  test  «f  the  public  usefulness 
of  the  work.  In  my  judgment,  the  first  object  of  inquiry  should  be,  to 
ascertain,  as  accurately  as  possible,  the  amount  of  expenditure  a 

25 


37 


578  WILLIAM    L.    MARCY. 

proposed  work  will  involve ;  and  next,  the  amount  of  revenue  that 
may  be  derived  from  it  If  the  revenue  promises  to  be  sufficient  to 
keep  it  in  repair  when  finished,  to  defray  the  expenses  of  superin 
tendence  and  the  collection  of  tolls,  and  to  meet  the  claims  for  interest 
on  the  capital  expended,  sound  policy  requires  that  it  should  be  con 
structed.  Even  if  a  less  favorable  result  should  be  anticipated  for  a 
few  years,  the  question  of  authorizing  the  construction  of  a  public  work 
may  yet  be  very  properly  entertained.  An  improvement,  opening  an 
easy  and  cheap  communication  into  the  interior  of  any  part  of  the  state, 
would  soon  develop  new  resources  in  that  section,  increase  the  quantity 
of  its  productions,  and  expand  its  trade.  If  it  should  require  the  lapse 
of  a  few  years  to  produce  these  effects,  and  to  increase  the  revenue  to 
an  amount  sufficient  for  the  purposes  before  specified,  this  would  con 
stitute  no  conclusive  objection  to  the  undertaking.  Should  the  proposed 
work  be  connected  with  those  now  in  operation,  the  effect  that  it  might 
have  on  the  productiveness  of  them,  should  also  be  regarded,  and,  to  a 
reasonable  extent,  influence  your  decision.  Improvements  that  will 
insure  these  results  at  the  time  of  their  completion,  or  shortly  there 
after,  should  inspire  no  dread  that  a  general  burden  will  be  cast  upon 
the  state,  to  discharge  the  debt  created  for  their  construction ;  because 
the  gradual  growth  of  the  adjacent  country,  and  consequently  the  ex 
tension  of  trade,  will  increase  the  revenue,  until  there  will  ultimately 
be  a  surplus  to  be  applied  in  redemption  of  the  debt  contracted  on 
their  account." 

It  was  remarked  by  an  able  English  writer,  who 
visited  this  country  many  years  ago,  that  ours  is  "  en 
tirely  a  government  of  opinion,"  and  whatever  "  the 
[American]  people  wish  is  done."*  In  a  democratic 
community,  says  De  Tocqueville,t  "  opinion  is  more 
than  ever  mistress  of  the  world :"  yet,  however  true 

*  Excursion  through  the  United  States  and  Canada,  p.  70. 
f  Democracy  in  America,  Part  II,  book  i.,  chap.  2. 


LIMITED    INFLUENCE    OF    PUBLIC    OPINION.  579 

this  may  be  in  the  general,  public  opinion,  in  its  prac 
tical  expression,  is  not  always  "  the  absolute  power  of 
a  majority,"  as  the  French  philosopher  and  statesman 
supposes,  unless,  indeed,  the  experience  of  1848  may 
have  impressed  him  to  the  contrary;  but  it  is  often 
times  the  sentiment  of  a  mere  minority,  either  forced 
upon  the  acceptance  of  those  who  hold  the  balance  of 
power  by  political  considerations,  or  tolerated  by  them 
for  special  reasons  which  may  be  but  slightly  connected 
with  the  subject  matter  itself.  Where  an  opinion  be 
comes  absolutely  that  of  a  majority,  and  is  cherished 
in  earnestness  and  sincerity  by  all  the  components  of 
the  majority,  it  undoubtedly  exercises  a  controlling 
influence ;  and  the  governmental  action  which  it  in 
vokes,  and  never  fails  to  secure  in  the  end,  may  be  said 
to  be  the  result  of  public  opinion.  In  this  sense,  and 
in  such  a  case,  what  the  American  people  wish,  is  done. 
But  the  opposite  is  also  frequently  true,  and  what  the 
American  people  do  not  wish  is  done  ;  and  when  done, 
they  do  not  attempt  to  undo  it.  Circumstances  shape 
the  fortunes  of  states  as  of  individuals ;  and  political 
accidents,  and  apparently  inconsequent  facts,  sometimes 
lead  to  important  results.  In  the  politics,  and  in  the 
legislation  of  democratic  governments,  minorities  often 
carry  their  ends,  by  obtaining  the  aid  of  those  who  are 
indifferent  or  neutral  in  respect  of  those  ends ;  or,  where 
two  great  parties  exist,  by  forming  a  third  party,  and 
threatening  to  unite,  or  actually  uniting,  with  one  or 
the  other  of  the  principal  organizations. 


580  WILLIAM    L.    MARCY. 

The  state  of  New  York  furnishes  many  illustrations 
of  this  fact,  in  her  history.  It  is  very  doubtful  whether 
a  majority  of  the  people  originally  approved  of  the  con 
struction  of  the  Erie  and  Champlain  canals,  but  the 
interest  arrayed  in  their  favor  was  a  powerful  one,  and 
by  combining  with  a  political  party,  and  by  tempo 
rary  accessions  from  other  quarters,  it  secured  sufficient 
strength  to  command  success  before  the  legislature; 
yet  public  opinion  never  underwent  any  material  change, 
till  the  utility  and  practicability  of  those  works  had 
been  actually  demonstrated  by  their  completion  and 
employment  in  the  purposes  of  navigation.  Antima- 
sonry  was,  in  the  first  place,  confined  to  a  comparative 
Few ;  but  it  fairly  forced  itself  upon  a  large  and  influen 
tial  party,  which,  had  the  masons  stood  firmly  by  the 
institution  that  was  the  object  of  its  assaults,  would 
have  gained  the  ascendency  in  the  state ;  and  still,  a 
majority  of  the  people  would  not  have  been  antimasons. 
So,  too,  of  abolitionism :  at  the  beginning,  it  was  treated 
with  contempt  by  men  of  all  parties,  but  it  soon  became 
an  important  element  in  the  politics  of  New  York,  and 
controlled  them  in  fact,  long  before  a  majority  of  the 
electors,  if  that  be  the  case  even  now,  had  manifested 
a  disposition  to  embrace  its  principles.  The  lateral 
canal  interest,  by  which  the  Chenango  canal  project 
w.as  put  forward  as  a  pioneer  measure,  possessed  but  , 
little  power  at  first ;  but  it  was  earnest,  importunate, 
and  determined;  defeat  only  made  it  stronger;  and 
disappointment  but  stimulated  it  to  greater  exertions. 


THE    CHENANGO    CANAL. 


581 


In  the  end,  it  made  captive  of  both  parties,  and  triumph 
ed  over  all  opposition ;  and  yet  at  no  time  was  it  sus 
tained  by  the  favorable  wishes  of  a  majority  of  the 
people.  The  minority,  taking  advantage  of  party  di 
visions  and  interests,  tyrannized  over  the  majority. 

Governor  Marcy  was  not  committed,  either  one  way 
or  the  other,  upon  the  subject  of  the  Chenango  canal, 
at  the  time  of  his  election ;  and  in  his  first  annual  mes 
sage,  after  stating  that  there  were  conflicting  opinions 
in  regard  to  the  cost  of  the  proposed  work,  and  the 
probable  amount  of  revenue  it  would  yield,  upon  which 
the  legislature  should  decide,  he  merely  commended  it 
to  their  favorable  notice,  with  the  expression  of  the 
hope  that  its  merits  might  be  found  such  as  to  induce 
them  to  authorize  its  construction.  His  .views  upon 
the  subject  of  the  finances  of  the  state,  differed  but 
slightly  from  those  of  his  predecessor,  but  he  occupied 
a  more  impartial  position,  for  the  reason  that  he  lived 
in  a  section  where  the  local  interests  opposed  to,  or  in 
favor  of  the  canal,  exerted  no  direct  influence.  Along 
the  whole  line  of  the  Erie  canal,  and  particularly  in 
Western  New  York,  there  was  a  strong  feeling  against 
the  Chenango  canal,  because  it  was  thought  that  if  the 
work  should  be  constructed,  it  would  not  be  a  profitable 
concern,  but  would  become  a  charge  upon  the  state 
treasury,  and  thus  either  require  the  imposition  of  a 
direct  tax,  or  prevent  any  reduction  of  the  tolls  on  the 
Erie  and  Champlain  canals. 

But  while  Governor  Marcy  was  opposed  to  the  crea- 

t 


WILLIAM    L.    MARCY. 

tion  of  a  state  debt  for  objects  of  internal  improvement, 
relying  for  its  repayment  entirely  upon  prospective 
revenues,  he  did  not  occupy  the  extreme  ground  held 
by  Colonel  Young  and  a  majority  of  the  canal  commis 
sioners,  that  no  work  ought  to  be  commenced  that  would 
not  be  immediately  profitable.  His  position  was  a 
moderate  one ;  he  was  not  illiberal  on  the  one  hand, 
nor  friendly  to  lavish  expenditures  on  the  other.  He 
had  none  of  the  overstrained  parsimony  of  Warburton, 
of  whom  Moore  has  said, 

"  He  would  most  willingly  cut  down 
The  holiest  groves  on  Pindus'  mount, 
To  turn  the  Umber  to  account ;" 

nor  was  he  in  the  least  inclined  to  followed  the  prodigal 
example  of  Pitt,  which  almost  wrecked  the  financial 
hopes  of  England  beyond  the  prospect  of  recovery. 
He  stood  between  extremes.  He  was  not  opposed  to 
everything  like  change  or  improvement,  nor  blinded 
by  the  fanciful  and  deceitful  visions  of  future  prosperity 
which  lured  only  to  ruin  and  disgrace ;  but  in  favor  of 
that  sound  and  healthy  progress  which  alone  conduces 
to  the  permanent  welfare  and  happiness  of  a  people  or 
a  state. 

As  the  salt  and  auction  duties  had  been  originally 
pledged  and  set  apart  for  the  payment  of  the  canal 
debt,  and  a  direct  tax  levied  to  make  up  the  deficiency 
in  the  General  Fund, — and  as  the  people  of  the  whole 
state  had  thus  contributed  to  the  construction  of  the  Erie 


THE  CHENANGO  CANAL  AUTHORIZED.      583 

and  Champlain  canals,  he  thought  it  only  just  and  right 
that  other  sections  should  be  similarly  aided,  in  the  de 
velopment  of  their  resources,  out  of  the  fund  derived 
from  the  canal  revenues,  so  far  as  it  could  be  done 
without  adding  to  the  debt  of  the  state,  or  impairing 
its  credit. 

Another  feature  in  the  character  and  course  of  Gov 
ernor  Marcy  may  be  mentioned  here.  He  was  hot  a 
timid  man,  nor  afraid  of  incurring  responsibility ;  but 
being  a  shrewd  observer,  and  possessing  an  almost  in 
tuitive  knowledge  of  men,  he  knew  that  it  was  wiser, 
and  generally  safer,  to  persuade  rather  than  to  compel, 
and  he  allowed  the  legislature  of  the  state  a  wide  lati 
tude  in  deciding  upon  all  questions  affecting  the  in 
terests  of  their  constituents,  so  long  as  the  provisions 
of  the  constitution  were  not  disregarded. 

At  the  winter  session  of  the  legislature  in  1833,  the 
friends  of  the  Chenango  canal  were  prompt  to  urge 
their  favorite  project.  It  had,  doubtless,  been  tacitly 
understood,  during  the  preceding  canvass,  that  the 
application  would  be  favorably  regarded  by  the  demo 
cratic  members  of  the  legislature ;  for  it  was  pretty 
evident  that  a  further  denial  of  the  application  would 
hazard  the  ascendency  of  the  party ;  and,  conceding 
the  merits  of  the  proposed  measure,  the  time,  and  the 
condition  of  the  state  finances,  were  not  unfavorable  to 
the  commencement  of  the  work.  A  bill  authorizing 
the  immediate  construction  of  the  canal,  passed  both 
houses  at  this  session,  and  was  approved  by  the  gover- 


584  WILLIAM    L.    MARCY. 

nor.  Heretofore,  this  project  had  received  the  support 
of  the  leading  antimasons  in  western  New  York,  but 
most  of  the  members,  of  both  parties,  from  that  section  of 
the  state,  opposed  the  law  as  finally  enacted,  because  it 
contained  a  provision,  inserted  to  meet  the  views  of 
Governor  Marcy,  that  if  the  appropriation  based  upon 
the  estimates  should  not  be  sufficient,  the  deficiency 
should  be  made  up  out  of  the  canal  fund.  This  provi 
sion,  it  was  apprehended,  might  interfere  with  the  re 
duction  of  tolls  on  the  Erie  canal,  and  hence  the  votes 
of  the  western  members. 

Throughout  the  whole  period  of  Governor  Marcy 's 
administration,  with  the  exception  of  a  portion  of  the 
last  term,  the  legislature  was  beset  by  applicants  for 
bank  charters.  The  United  States  Bank  veto  of  Presi 
dent  Jackson  in  1832,  created  an  anticipated  necessity 
for  the  further  increase  of  banking  capital  under  the 
state  laws ;  and  the  inordinate  profits  of  the  state  banks, 
in  consequence  of  the  removal  of  the  deposits  in  1833, 
during  the  era  of  speculation  that  ensued,  heightened 
the  mania  for  charters  to  such  an  extent,  that  it  threat 
ened  to  bear  down  everything  before  it.  The  influence 
of  the  governor,  willing  as  he  was  to  leave  matters  of 
this  kind  entirely  in  the  hands  of  the  legislature,  was 
exerted  against  any  undue  augmentation  of  this  pow 
erful  interest,  and  he  favored  only  such  an  addition  to 
the  banking  capital  of  the  state  as  was  rendered  neces 
sary  by  the  increase  of  business.  He  could  not  pre 
vent  the  corruptions  and  mal-practices,  always  incident 


BANK    CHARTERS.  585 

to  legislation,  affecting  moneyed  or  stock  interests,  yet 
his  influence  was  salutary.  In  1833,  but  eight  charters 
were  granted;  in  1834,  of  one  hundred  and  five  appli 
cations,  only  seven  were  favorably  regarded  ;  in  1835, 
not  a  single  charter  was  granted ;  and  during  the  re 
mainder  of  his  administration,  but  two  or  three  banks 
were  incorporated. 

In  his  annual  message  in  1834,  the  governor  advised 
extreme  caution  in  granting  bank  charters,  and  sug 
gested  the  propriety  of  making  some  provision  whereby 
the  stock  of  newly  chartered  banks  should  go  into  the 
hands  of  the  permanent  holders  worth  only  its  par  value. 
He  also  recommended  the  reduction  of  the  rate  of  in 
terest  on  bank  loans  to  six  per  cent.  These  two  meas 
ures,  he  thought,  would  have  the  tendency  to  diminish 
the  number  of  applications.  The  first  was  not  found 
to  be  practicable,  but  the  rate  of  interest  was  afterward 
reduced  in  accordance  with  his  recommendation.  With 
respect  to  the  lateral  canals,  he  avowed  himself  in  favor 
of  constructing  works  subordinate  to  the  Erie  canal, 
when  the  finances  of  the  state  would  permit ;  but  he 
enjoined  it  upon  the  legislature  to  remember  the  cau 
tious  policy  of  former  years,  and  not  by  imprudent 
haste,  to  put  in  hazard  the  whole  system  of  internal 
improvements. 

In  the  autumn  of  1833,  the  public  deposits  were  re 
moved  from  the  Bank  of  the  United  States,  and  that 
institution  immediately  commenced  a  rapid  curtailment 
of  its  discounts,  and  pressed  the  collection  of  debts  due 
25* 


586  WILLIAM    L.    MARCY. 

it,  with  unexampled  harshness  and  severity.  The  money 
market  at  once  became  affected,  and  business  men,  either 
directly  or  indirectly  dependent  upon  the  bank,  were 
much  embarrassed.  In  the  city  of  New  York,  the 
pressure  was  for  a  time  quite  severe,  but  the  state  banks 
were  desirous  of  assisting  their  customers  as  far  as 
possible  in  this  emergency.  It  was  feared,  however, 
that  if  they  should  extend  their  accommodations  and 
increase  their  circulation,  they  would  incur  the  hostility 
of  the  United  States  Bank,  and  be  obliged  to  suspend 
specie  payments.  To  protect  the  people  of  the  state, 
and  its  commercial,  agricultural,  and  industrial  interests, 
against  so  great  a  calamity,  Governor  Marcy  recom 
mended,  in  a  special  message  to  the  legislature,  on  the 
24th  of  March,  1834,  a  loan  of  the  credit  of  the  state 
to  the  banks,  in  the  form  of  state  stock,  to  the  amount 
of  four  or  five  millions  of  dollars.  This  recommenda 
tion  was  approved  by  the  legislature,  and  a  law  was 
passed  in  conformity  therewith.  This  law,  termed  by 
the  political  opponents  of  the  governor,  "  Marcy 's  Mort 
gage,"  was  never  carried  into  effect,  as  ,the  banks  proved 
able  to  sustain  themselves  without  the  assistance  of  the 
state ;  but  throughout  the  summer  and  fall  of  1834,  it 
was  a  prominent  theme  for  animadversion  in  the  op 
position  papers. 

Antimasonry  ceased  to  exist,  as  a  political  organiza 
tion,  soon  after  the  coalition  in  1832,  by  reason  of  the 
virtual  disbanding  of  the  masonic  fraternity.  The  ori 
ginal  founders  of  that  party  claimed  to  be  totally  op- 


FORMATION    OF    THE    WHIG    PARTY.  587 

posed  to  all  secret  societies,  but  this  principle  they  were 
unable  to  sustain.  Associations  of  the  same  character 
existed  during  the  whole  period  of  the  antimasonic  ex 
citement,  within  the  state  of  New  York,  and  they  never 
suspended  their  operations.  The  object  of  attack,  in 
effect,  was  merely  the  masonic  institution ;  and  the  prac 
tical  result  was  to  put  it,  as  it  were,  temporarily  in 
abeyance.  The  institution  was  not  destroyed,  but  re 
formed  somewhat,  and  then  revived.  If  its  power  may 
be  measured  by  numbers,  it  now  wields  a  still  greater 
influence  than  ever ;  and  the  very  weak  hold  which 
the  principle  of  opposition  to  secret  societies  took  upon 
the  public  mind,  is  evinced  by  the  fact,  that  many  promi 
nent  antimasons  in  western  New  York,  in  the  old  "  in 
fected  district,"  are  at  this  time  members  of  the  masonic 
society,  and  a  still  greater  number  belong  to  other  as 
sociations  framed  after  that  as  a  model,  and  liable  to 
the  same  objections,  whether  justly  or  unjustly  is  not 
material  to  the  present  writing,  once  urged  against 
masonry. 

Opposition  to  the  veto  of  the  United  States  Bank 
and  the  removal  of  the  deposits,  furnished  a  sort  of 
common  ground  or  principle  on  which  the  various  po 
litical  elements  and  organizations  hostile  to  General 
Jackson  and  his  friends,  could  unite.  In  the  winter  of 
1834,  the  coalition  of  the  national  republicans  and  an 
timasons  in  the  state  of  New  York,  was  made  complete, 
by  the  adoption  of  a  common  name.  They  now  as 
sumed  the  appellation  of  Whigs,  which  was  shortly 


WILLIAM    L.    MARCY. 


afterward  adopted  by  the  entire  opposition  to  the  demo 
cratic  party  of  the  Union,  with  the  exception  of  a  small 
faction  of  the  State  Rights'  party  headed  by  John  C. 
Calhoun. 

From  the  time  of  the  removal  of  the  deposits  till  the 
fall  elections  in  1834,  the  financial  measures  of  the  gene 
ral  administration  were  the  principal  topics  of  discus 
sion,  and  state  questions  were  forced  to  give  place  to 
them.  A  last  powerful  effort  was  made  by  the  United 
States  Bank  to  produce  a  reaction  of  popular  feeling, 
favorable  to  that  institution,  and  the  canvass  for  the 
gubernatorial  election  opened  early  in  New  York,  and 
was  conducted  with  much  spirit.  The  administration 
of  Governor  Marcy  had  been  so  entirely  satisfactory 
to  his  party,  that  he  was  unanimously  nominated  for 
reelection,  at  the  Herkimer  convention,  held  on  the 
10th  of  September,  1834.  Lieutenant-governor  Tracy 
was  also  renominated  with  like  unanimity.  The  whig 
candidates  were  William  H.  Se ward,  of  Cayuga  county, 
formerly  a  leading  antimason,  and  Silas  M.  Stilwell,of 
the  city  of  New  York. 

Although  the  removal  of  the  deposits,  and  the  na 
tional  bank  question,  were  topics  of  so  great  prominence 
in  the  political  discussions  of  this  year,  the  loan  law 
recommended  by  Governor  Marcy  was  not  overlooked, 
and  an  attempt  was  made  to  render  him  unpopular  with 
the  people  in  consequence  of  it.  The  connection  of 
the  general  administration  with  the  state  banks,  and 
the  alleged  favoritism  shown  to  the  safety  fund  institu- 


REELECTION.  589 

tions  by  the  state  authorities,  were  likewise  subjects  of 
partisan  controversy.  The  safety  fund  system  was 
vehemently  attacked  in  the  whig  papers ;  it  was  called 
a  politico-commercial  scheme,  and  the  banks  chartered 
under  it  were  said  to  be  entirely  under  the  control  of 
the  Albany  Regency.  This  assertion,  probably,  was 
not  well  founded,  for  it  is  certain  that  a  large  majority 
of  the  state  banks  in  New  York  were  owned  or  con 
trolled  by  active  members  of  the  whig  party. 

The  democratic  state  ticket  succeeded  by  a  much 
larger  majority  than  in  1832.  Over  three  hundred  and 
fifty  thousand  votes  were  cast  for  governor ;  and  the 
majority  of  Governor  Marcy  over  his  opponent  was 
nearly  thirteen  thousand. 

In  his  next  message  to  the  legislature,  at  the  com 
mencement  of  his  second  term,  Governor  Marcy  re 
peated  his  former  views  upon  the  state  finances,  and 
advised  a  continuance  of  the  cautious  policy  which  had 
been  pursued.  Apprehending  a  diversion  of  the  western 
trade  in  favor  of  Pennsylvania,  in  consequence  of  the 
facilities  afforded  by  her  extensive  system  of  internal 
improvements,  the  friends  of  the  Erie  canal  had  for 
some  time  urged  its  enlargement,  in  order  that  its  ca 
pacity  might  keep  pace  with  the  increase  of  business. 
The  governor  invoked  the  attention  of  the  legislature 
to  this  subject,  justly  regarding  it  as  one  of  paramount 
importance,  because  the  Erie  canal  was  the  back-bone, 
so  to  speak,  of  the  canal  system  of  the  state.  He  ex 
pressed  himself  in  favor  of  the  enlargement,  to  be  car- 


590  WILLIAM    L.    MARCY. 

ried  on  as  rapidly  as  the  surplus  revenues  arising  from 
tolls  would  permit.  In  accordance  with  his  advice,  the 
legislature,  during  this  session,  authorized  the  surplus 
revenue  to  be  applied' to  the  enlargement  and  improve 
ment  of  the  Erie  canal,  and  the  construction  of  double 
locks,  as  soon  and  as  fast  as  the  public  interest,  in  the 
opinion  of  the  canal  board,  required  such  improvements 
to  be  made.  Applications  in  behalf  of  the  Black  River 
and  Genesee  Valley  canals  were  made  at  this  session, 
but  did  not  receive  a  favorable  consideration :  at  the 
next  session,  however,  in  the  winter  of  1836,  those  works 
were  authorized  to  be  constructed. 

One  of  the  consequences  of  the  increase  of  the  bank 
ing  capital  of  the  state  was,  that  coin  was  almost  driven 
out  of  circulation.  A  general  desire  was  expressed  to 
have  the  legislature  provide  a  remedy  for  this  evil,  and 
the  whig  state  convention  in  1834  adopted  a  resolution 
in  favor  of  the  suppression  by  law  of  bank  notes  of  the 
smaller  denominations.  The  democratic  party  were 
equally  favorable  to  the  measure,  and  it  was  recom 
mended  by  Governor  Marcy  in  his  annual  message  in 
1835.  A  law  was  accordingly  passed,  providing  for 
the  gradual  suppression  of  bank  notes  under  five  dollars. 
This  was  not  a  party  question,  as  it  afterward  became, 
and  the  vote  in  favor  of  the  bill  was  nearly  unanimous. 

In  the  same  message  Governor  Marcy  advised  the 
legislature  to  refuse  to  grant  any  more  bank  charters, 
at  least  for  the  present ;  and  his  advice  was  heeded. 
The  number  of  hew  banks  chartered  within  a  few  years, 


ABOLITIONISM.  591 

though  bearing  but  a  small  proportion  to  the  applica 
tions,  had  already  alarmed  many  citizens,  and  in  the 
summer  of  1835  a  new  party  was  formed,  in  the  city 
of  New  York  and  in  some  other  counties,  whose  creed 
was,  opposition  to  bank  charters  and  to  legislative 
monopolies  and  special  privileges  of  all  sorts,  but  par 
ticularly  those  connected  with  the^ moneyed  interest. 
This  party  was  called  the  Equal  Rights,  or  Loco  Foco 
party.  It  was  at  first  principally  composed  of  demo 
crats,  but  while  it  remained  a  mere  faction,  the  whigs 
frequently  cooperated  with  it  at  the  elections.  In  1836, 
it  brought  forward  a  separate  state  ticket,  but  in  the 
following  year  it  united  with  the  democratic  party,  and 
eventually  became  the  nucleus  of  the  radical  faction. 

The  year  1834-5  was  also  distinguished  by  the  rise 
of  the  abolition,  or  anti-slavery  party.  Governor  Marcy 
was  among  the  foremost  in  opposing  the  anti-slavery 
agitation,  and  he  has  ever  since  opposed  any  movement 
calculated  to  create  or  foster  sectional  prejudices  or  ill 
feelings.  On  the  4th  of  September,  1835,  he  presided 
at  a  public  meeting  of  the  citizens  of  Albany,  attended 
by  the  most  venerable  and  distinguished  men  of  both 
the  great  parties,  at  which  resolutions  were  adopted, 
declaring  that  the  movements  of  the  abolitionists  were 
incendiary  and  threatened  to  disturb  the  peace  of  the 
country,  and  that  they  ought  to  be  frowned  upon  and 
discountenanced  by  all  sincere  friends  of  the  Union. 
Such  have  ever  been  the  sentiments  of  Governor  Marcy. 
He  has  been  neither  an  ultraist  nor  an  alarmist.  Upon 


592  WILLIAM    L.    MARCY. 

the  abstract  question  of  slavery,  his  opinions  may  not 
have  differed  essentially  from  those  of  the  abolitionists ; 
but  he  has  uniformly  adhered  with  fidelity  to  the  old 
republican  doctrine  of  non-interference  with  the  civil 
and  social  institutions  of  other  states. 

During  the  second  term  of  Governor  Marcy,  the 
speculating  mania  produced  by  the  use  of  the  public 
moneys  as  the  basis  of  bank  discounts,  reached  its  cul 
minating  point.  He  foresaw  the  evils  likely  to  result 
from  this  disturbing  element  in  business,  and  in  his 
annual  message  in  January,  1836,  he  referred  to  the 
"  unregulated  spirit  of  speculation"  in  stocks  and  real 
estate  which  pervaded  the  community,  and  cautioned 
the  legislature  against  affording  it  any  encouragement. 
He  apprised  that  body  that  the  general  fund  was  ex 
hausted  ;  that  the  Chenango  canal  would  cost  double 
the  original  estimates ;  and  that  the  Erie  canal  enlarge 
ment  would  involve  an  expenditure  of  twelve  millions 
of  dollars,  He  remarked,  therefore,  that  he  felt  bound 
to  protest  against  any  departure  from  the  policy  he  had 
always  recommended,  that  of  confining  appropriations 
for  new  works  to  the  surplus  revenue  arising  from  tolls, 
and  against  pledging  the  credit  of  the  state  for  further 
improvements,  at  least  until  ample  means  had  been 
provided  for  the  prompt  payment  of  interest,  so  that 
the  stocks  of  the  state  would  not  suffer  depreciation. 

Both  parties,  however,  seemed  to  have  caught  the 
prevailing  infection,  and  during  this  session  laws  were 
passed,  by  large  majorities,  directing  the  preliminary 


ELECTED  FOR  A  THIRD  TERM.          59o 

% 

steps  to  be  taken  toward  the  construction  of  the  Black 
River  and  Genesee  Valley  canals.  It  may  have  been 
an  error  on  the  part  of  Governor  Marcy  that  he  did  not 
oppose  with  greater  determination  and  decision  these 
incipient  movements  that  led  to  the  creation  of  a  large 
additional  debt ;  but  it  must  be  remembered  that  the 
entire  whig  party  were  at  that  time  strenuously  urging 
a  more  enlarged  system  of  improvements,  and  their 
opponents  were  charged  with  being  hostile  to  the  public 
works,  and  with  cherishing  narrow  and  illiberal  views. 
If,  then,  Governor  Marcy  had  vetoed  any  of  these  meas 
ures,  it  is  more  than  probable  that  public  opinion,  car 
ried  away  with  the  prevailing  excitement,  would  have 
swept  him  and  his  party  from  power,  at  the  next  elec 
tion,  and  promptly  followed  up  its  success  by  plunging 
the  state  headlong  into  debt. 

Governor  Marcy  and  Lieutenant-governor  Tracy 
were  unanimously  renominated  at  the  democratic  state 
convention  in  183(3.  An  unexampled  degree  of  pros 
perity,  deceitful  though  it  was,  everywhere  prevailed, 
and  notwithstanding  a  president  was  to  be  chosen  this 
year,  the  elections  were  not  conducted  with  much 
warmth.  Jesse  Buel  and  Gamaliel  H.  Barstow  were 
the  whig  candidates  for  governor  and  lieutenant-gov 
ernor,  but  no  very  powerful  efforts  were  made  to  secure 
their  election.  Messrs.  Marcy  and  Tracy  were  again 
the  successful  candidates,  and  obtained  almost  thirty 
thousand  majority  over  their  opponents.  The  Equal 


33 


594  WILLIAM    L.    MARCY. 

Rights  candidate  for  governor  received  less  than  four 
thousand  votes. 

The  third  term  of  Governor  Marcy  was  pregnant 
with  important  events,  affecting  him  not  so  much,  per 
sonally,  as  they  did  his  friend  Mr.  Van  Buren,  then  the 
leader  of  the  democratic  party  in  the  nation.  In  his 
annual  messages  in  1837  and  1838,  the  former  advised 
the  same  cautious  policy  in  regard  to  works  of  internal 
improvement  which  he  had  before  recommended.  At 
the  session  of  1837  no  further  appropriations  were 
made;  but  in  1838  the  governor  recommended  an  ad 
ditional  appropriation  for  the  enlargement  of  the  Erie 
canal  as  being  necessary  to  carry  on  the  work  before 
authorized. 

Year  after  year  the  dissatisfaction  with  the  banking 
interest,  growing  entirely  out  of  misconduct,  perhaps 
incident  to  the  system,  but  confined  to  a  few  isolated 
cases,  had  gone  on  steadily  increasing,  until,  in  1837,  it 
was  evident  that  no  more  charters  would  be  granted 
under  the  old  system.  The  governor  then  recommen 
ded  the  modification  of  the  restraining  law,  and  the 
legislature  adopted  his  suggestion.  In  1838,  he  avowed 
himself  in  favor  of  a  general  banking  law,  such  as  would 
obviate  the  objections  to  the  monopoly  features  of  the 
existing  system,  to  be  passed  by  a  two  third  vote.  The 
act  of  that  year,  which,  as  amended,  is  now  in  force, 
received  his  approbation  and  signature. 

When  the  Independent  Treasury  project  was  first 
presented  in  the  summer  of  1837,  Governor  Marcy  was 


KIS    DEFEAT.  595 

not  favorably  inclined  toward  it,  but  subsequent  reflec 
tion  satisfied  him  that  it  would  be  for  the  permanent 
advantage  of  the  government,  the  people,  and  the  banks, 
not  to  renew  the  connection  which  had  existed,  and 
which  had  been  severed  by  the  suspension  of  specie 
payments.  He  therefore  expressed  his  concurrence  in 
the  sentiments  and  recommendations  of  Mr,  Van  Buren, 
in  his  annual  message  to  the  legislature  in  1838;  he 
approved  of  the  independent  treasury  law  as  originally 
enacted  in  1840  ;  was  opposed  to  its  repeal ;  and,  as  a 
member  of  Mr.  Folk's  cabinet,  was  highly  gratified  with 
its  reenactrnent. 

During  the  civil  war  in  Canada,  in  1837-8,  Governor 
Marcy,  like  Mr.  Van  Buren,  firmly  and  promptly  op 
posed  every  attempt  to  interrupt  the  peaceful  relations 
of  the  country  by  any  infraction  of  treaty  obligations, 
but  at  the  same  time  adopted,  with  characteristic  energy 
and  determination,  such  precautionary  measures  as 
were  deemed  necessary  to  protect  the  state  against 
invasion. 

Mr,  Marcy  and  Mr,  Tracy  were  nominated  for  a 
fourth  term  in  the  fall  of  1838,  but  they  were  borne 
down  by  the  current  that  prevented  the  reelection  of 
Mr,  Van  Buren,  The  election  turned  principally  upon 
national  questions;  most  of  the  conservatives  in  the 
democratic  party  who  were  opposed  to  the  independent 
treasury  refused  to  support  Governor  Marcy ;  and  while 
the  state  bank  interest  became  in  a  great  measure  hos 
tile  to  him,  many  of  the  ultra  equal  rights  men  on  the 


596  WILLIAM    L.    MARCY. 

other  hand  opposed  him.  The  citizens  of  New  York 
who  had  sympathized  with  and  aided  the  Canadian 
patriots,  were  also  unfriendly  to  him,  as  the  head  of  the 
state  authorities  who  had  opposed  their  movements, 
The  whigs  as  a  party  had  committed  themselves  in  favor 
of  the  small  bill  law,  but  after  the  suspension  of  specie 
payments,  they  were  equally  decided  in  advocating  its 
repeal.  The  democratic  party  hesitated  to  restore  the 
power  to  issue  small  bills,  and,  as  great  difficulty  was 
experienced  in  changing  money  of  small  amounts,  this 
question  operated  to  prejudice  their  ticket  with  the 
people. 

A  very  heavy  vote  was  cast  by  both  parties,  and  the 
whigs  carried  everything  before  them.  Their  candi 
dates  for  governor  and  lieutenant-governor,  William  IL 
Seward  and  Luther  Bradish,  were  elected  by  more 
than  ten  thousand  majority. 

The  term  of  office  of  Governor  Marcy  expired  on 
the  last  day  of  December,  1838.  His  defeat  and  re 
tirement  from  office  could  not,  of  course,  materially 
affect  one  so  experienced  in  political  warfare.  The 
motto  of  the  politician  is,  practically,  always — "  Hodie 
tibi,  eras  mihi  /" — "  To-day  is  yours,  but  to-morrow 
may  be  mine !" — for  reverses  and  disappointments 
rarely  fail  to  be  mingled  with  his  triumphs.  If  the 
people  had  no  further  need  of  his  services,  Governor 
Marcy  was  the  last  man  to  complain  of  ingratitude,  or 
to  charge  them  with  inability  to  appreciate  his  merits. 

Within  a  few  months  after  his  defeat  in  the  guber- 


COMMISSIONER    ON    MEXICAN    CLAIMS.  597 

natorial  contest,  he  was  appointed  by  President  Van 
Buren  one  of  the  commissioners  to  decide  upon  the 
claims  against  the  Mexican  government,  under  the 
convention  of  April,  1839.  He  held  this  office  till  the 
powers  of  the  couu mission  expired,  in  February,  1842, 
when  he  again  retired  to  private  life.  His  duties  as 
commissioner  had  required  his  presence  at  Washing 
ton  for  the  greater  part  of  the  time,  but  he  still  regarded 
the  city  of  Albany  as  his  residence,  as  he  has  ever  since 
done. 

He  supported  Mr.  Van  Buren  for  reelection  in  1840, 
and  the  democratic  state  ticket  headed  by  William  C, 
Bouck.  In  1842,  he  contributed  to  elevate  the  latter 
to  the  place  which  he  had  himself  once  occupied,  and 
during  his  entire  administration,  was  his  friend  and 
adviser.  Though  all  the  while  decided  in  his  political 
position  and  course,  he  did  not  actively  engage  in  the 
politics  of  the  state.  When  the  democratic  party  of 
New  York  manifested  symptoms  of  dividing  upon  state 
issues,  he  endeavored  to  prevent  such  a  result,  but  his 
efforts  to  produce  harmony,  though  temporarily  suc 
cessful,  proved  in  the  end  to  be  unavailing.  During 
the  administration  of  Governor  Bouck,  the  lines  began 
to  be  drawn  between  the  two  factions  of  the  party; 
the  one  adopting  the  extreme  views  of  Colonel  Young, 
in  opposition  to  internal  improvements  •  unless  imme 
diately  profitable,  or  yielding  sufficient  revenue  to  pay 
for  the  cost  of  construction  and  all  other  expenses; 
and  the  other  favoring  a  liberal  system  of  expenditure. 


50$  WILLIAM    L.    MARCY. 

The  first  were  the  radicals,  afterward  called  barnburn 
ers,  and  the  others  the  conservatives,  or  hunkers. 

Strictly  speaking,  Governor  Marcy,  as  has  been 
intimated,  occupied  a  position  between  the  two  ex 
tremes,  and  therefore  desired  to  keep  the  party  together. 
The  radicals,  as  is  always  the  case  with  reformers,  were 
somewhat  intolerant  and  illiberal,  and  were  probably 
rendered  more  so  than  they  would  otherwise  have  been, 
for  the  reason  that  many  of  the  conservatives  were 
equally  violent  in  their  opinions,  and  harsh  in  their 
policy.  Men  of  moderate  views  were  naturally  thrown 
into  the  ranks  of  the  conservatives.  This  was  the  case 
with  Governor  Marcy.  In  September,  1&43,  he  attend 
ed  the  democratic  state  convention  held  at  Syracuse 
to  select  delegates  to  the  national  convention,  at  which 
a  president  and  vice-president  were  to  be  nominated, 
as  one  of  the  delegates  from  the  county  of  Albany.  He 
was  chosen  to  preside  over  the  convention ;  the  con 
servatives,  and  those  who  were  as  yet  undecided  as 
between  the  two  factions,  voting  for  him,  and  the  radi 
cals  for  Samuel  Young.  His  first  choice  for  the  presi 
dency  was  Mr.  Van  Buren,  and  so  far  as  his  influence 
could  contribute  to  the  nomination  of  that  gentleman, 
it  was  cheerfully  exerted.  He  was,  however,  one  of 
the  early  friends  of  the  annexation  of  Texas ;  and  when 
the  Baltimore  Convention  decided  to  present  the  name 
of  Mr.  Polk,  he  cordially  acquiesced  in  the  result  of 
their  deliberations,  and  gave  his  support  to  the  demo 
cratic  nominees.  At  the  same  election,  he  aided,  by 


APPOINTED    SECEETARX    OF    WAR.  599 

his  vote  and  influence,  in  the  elevation  of  Silas  Wright 
to  the  office  of  governor ;  and  though  not  then  a  resi 
dent  of  the  state,  he  was  in  favor  of  his  reelection, 
in  1646. 

When  it  was  ascertained  that  Mr.  Polk  had  been 
elected  to  the  presidential  chair,  the  friends  of  Governor 
Marcy  felt  anxious  that  he  should  be  placed  in  a  posi 
tion  suited  to  his  character  and  talents.  Several  weeks 
previous  to  the  inauguration,  in  pursuance  of  the  re 
quest  of  a  majority  of  the  democratic  members  of  the 
New  York  legislature,  and  of  the  democratic  represen 
tation  from  this  state  in  Congress,  the  president  elect 
tendered  him  the  place  of  Secretary  of  War,  which  he 
promptly  accepted.  The  Senate  unanimously  eon- 
firmed  the  nomination,  and  he  entered  upon  the  duties 
of  the  office  soon  after  the  inauguration  of  the  new 
president. 

A  cabinet  appointment  is  not  often  a  position  calcu 
lated  materially  to  add  to  the  reputation  of  the  individ 
ual  who  holds  it,  even  where  the  highest  talents,  and 
the  very  best  qualifications  for  the  office,  are  evinced. 
As  the  responsibility  is  divided  among  the  members  of 
the  cabinet,  or  assumed  by  the  president,  so  the  honors 
are  either  shared  among  a  number,  or  monopolized  by 
the  head  of  the  administration.  In  ordinary  times, 
Governor  Marcy,  whatever  had  been  the  ability  dis 
played  in  the  performance  of  his  duties,  might  not  have 
attracted  any  unusual  degree  of  attention  to  his  man 
agement  of  the  affairs  of  the  department  intrusted  to 


600  WILLIAM    L.    MARCY. 

his  charge.  But  the  war  with  Mexico  rendered  his 
position  one  of  more  than  ordinary  importance.  His 
spirit  and  genius,  his  practical  talents,  his  sagacity  and 
foresight,  and  the  natural  adaptation  of  his  mind  to  the 
duties  of  an  executive  office,  were  of  great  value  to  Mr. 
Folk's  administration.  During  the  progress  of  the  war, 
as  victory  after  victory  perched  on  our  banners,  the 
remark  was  often  made,  that  if  Madison  had  been  so 
fortunate  as  to  secure  such  an  adviser  at  the  commence 
ment  of  the  second  war  with  Great  Britain,  the  disas 
ters  of  1812  and  1813  would  never  have  been  witnessed. 
Indeed,  the  country  is  as  much  indebted  to  his  ability 
as  the  head  of  the  war  department,  as  to  the  military 
skill  of  the  commanders  in  the  field,  for  the  brilliant  re 
sults  of  the  contest  with  Mexico.  In  preparing  and 
adopting  the  plans  of  the  campaigns,  in  suggesting  and 
directing  movements  and  operations,  in  the  selection 
of  officers,  in  dispatching  men  and  materiel  to  the  differ 
ent  columns  operating  in  the  enemy's  country,  and  in 
taking  advantage  of  the  tardy  legislation  or  action  of 
Congress,  he  demonstrated  peculiar  fitness  for  the  sta 
tion  he  filled,  as  well  as  comprehensiveness  of  mind,  and 
force  and  energy  of  character.  He  was,  in  truth,  as 
respected  the  conduct  of  the  war  in  *he  American  cabi 
net,  its  master-spirit ;  and  the  dispatches  and  instruc 
tions  that  emanated  from  his  pen,  bear  witness  to  the 
deep  interest  which  he  took  in  its  prosecution,  and  to 
the  able  and  faithful  manner  in  which  he  discharged 
his  official  functions. 


DIFFICULTY    WITH    OFFICERS.  601 

In  his  intercourse  with  the  officers  of  the  army,  he 
was  frank,  urbane,  and  courteous,  yet  never  improperly 
surrendering  his  dignity.  It  was  his  fortune, — by  no 
means  an  unusual  occurrence,  where  generals  at  the 
head  of  armies  are  subordinate  to  executive  authorities 
at  home, — to  be  involved  in  controversies  with  the 
principal  commanders,  Generals  Scott  and  Taylor,  who 
conducted  the  operations  against  Mexico.  Both  those 
officers  were  political  opponents  of  the  administration, 
and  both  cherished  ambitious  aspirations,  or  if  not  that, 
were  influenced  more  or  less  by  confidential  friends 
not  entirely  free  from  partisan  feelings  and  prejudices. 
Governor  Marcy  at  no  time  called  in  question  their 
bravery  and  ability,  but  in  all  his  reports,  bore  the  high 
est  testimony  to  their  skilful  and  gallant  conduct.  Both 
officers,  however,  seem  to  have  become  impressed  with 
the  idea,  that  the  administration  desired  to  sacrifice 
them,  in  order  to  destroy  their  popularity, — overlooking 
the  conclusive  facts,  showing  the  injustice  of  their  sus 
picions,  that  the  administration  had  voluntarily  placed 
them  in  positions  where  laurels  were  to  be  gained,  and, 
in  the  case  of  General  Taylor,  overlooked  officers  of 
superior  rank ;  and  that  no  misfortune  could  possibly 
have  resulted  to  them,  that  would  not  have  injured  the 
administration  in  a  tenfold  degree. 

Governor  Marcy  defended  himself  against  the  charges 
preferred  by  those  officers,  in  their  official  communi 
cations,  with  great  ability,  and,  as  leading  presses  in 
the  interest  of  both  parties  admitted,  with  entire  suc- 

26 


602  WILLIAM    L.    MARCY. 

cess.  His  replies  were  masterly  documents,  and  so 
clear  and  conclusive,  that  no  serious  attempt  was  ever 
made  by  those  officers  or  their  friends  to  refute  his 
statements  and  positions.  His  last  letter  to  General 
Scott,  dated  on  the  21st  of  April,  1848,  was  particularly 
able,  and,  as  the  following  extract  will  show,  pointed  in 
its  rebuke : — 

"  By  extending  my  comments  upon  your  letter,"  said 
the  Secretary  in  his  reply,  "  I  might  multiply  proofs  to 
show  that  your  accusations  against  the  head  of  the  war 
department  are  unjust ;  that  your  complaints  are  un 
founded;  that  the  designs  imputed  by  you  to  the  gov 
ernment  to  embarrass  your  operations,  impair  your 
rightful  authority  as  commander,  and  to  offer  outrage 
and  insult  to  your  feelings,  are  all  the  mere  creations 
of  a  distempered  fancy ;  but  to  do  more  than  I  have 
done,  would,  in  my  judgment,  be  a  work  of  superero 
gation.  ,.  ,.,. 

"  In  conclusion,  I  may  be  permitted  to  say  that,  as 
one  of  the  president's  advisers,  I  had  a  full  share  in 
the  responsibility  of  the  act  which  assigned  you  to  the 
command  of  our  armies  in  Mexico.  I  felt  interested 
even  more  than  naturally  appertained  to  my  official 
position,  that  success  and  glory  should  signalize  your 
operations.  It  was  my  duty  to  bring  to  your  aid  the 
efficient  cooperation  of  the  war  department.  I  never 
had  a  feeling  that  did  not  harmonize  with  a  full  and 
fair  discharge  of  this  duty.  /  know  it  has  been  faith 
fully  performed.  There  are  some  men  for  whom 


HIS    INFLUENCE    IN    THE    CABINET.  603 

enough  cannot  be  done  to  make  them  grateful,  or  even 
just,  unless  acts  of  subserviency  and  personal  devoted- 
ness  are  superadded.  From  you  I  expected  bare  justice, 
but  have  been  disappointed.  I  have  found  you  my 
accuser.  In  my  vindication  I  have  endeavored  to 
maintain  a  defensive  line,  and  if  I  have  gone  beyond  it 
at  any  time,  it  has  been  done  to  repel  unprovoked  ag 
gression.  To  your  fame  I  have  endeavored  to  be  just. 
I  have  been  gratified  with  the  many  occasions  I  have 
had  to  bear  public  testimony  to  your  abilities  and  sig 
nal  services  as  a  military  commander  in  the  field.  It 
has  been,  and  under  any  change  in  our  personal  rela 
tions,  it  will  continue  to  be,  my  purpose  to  be  liberal 
in  my  appreciation  of  your  distinguished  military  mer 
its.  In  respect  to  your  errors  and  your  faults,  though 
I  could  not  be  blind,  I  regret  that  you  have  not  permit 
ted  me  to  be  silent."* 

Confidential  relations  were  naturally  established  be 
tween  President  Polk  and  Governor  Marcy,  during  the 
war  with  Mexico;  and  the  latter  exerted  no  small 
degree  of  influence  in  the  councils  of  the  administra 
tion  affecting  other  questions  and  interests.  He  had  a 
full  share  in  the  settlement  of  the  Oregon  boundary ; 
he  approved  of  the  tariff  of  1846,  concurred  in  the 
general  principles  and  views  of  Mr.  Polk  writh  regard 
to  internal  improvements  by  the  general  government, 
and  advised  a  strict  adherence  to  the  old  democratic 

*  Executive  Document,  No.  60 — House  of  Representatives,  1st  ses 
sion,  30th  Congress — p.  1227. 


604  WILLIAM    L.    MARCY. 

doctrine  of  non-interference  with  the  slavery  question 
in  the  states. 

With  the  conservatives  in  New  York,  he  supported 
General  Cass  for  the  presidency  in  1848;  yet,  judging 
from  his  past  course,  and  his  political  relations  in  for 
mer  years,  he  could  not  have  been  otherwise  than  grati 
fied  at  the  reunion  of  the  two  factions  formerly  com 
posing  the  democratic  party  of  the  state,  in  the  summer 
and  fall  of  1850. 

Upon  the  expiration  of  Mr.  Folk's  term,  his  cabinet 
resigned,  and  Mr.  Marcy  resumed  his  former  residence 
at  Albany,  in  the  character  of  a  private  citizen.  He  is 
still  in  the  enjoyment  of  sound  health,  and  in  the  full 
vigor  of  his  intellect.  He  has  done  the  state  some  ser 
vice;  but  whether  she  will  again  summon  him  to  her 
councils,  is  among  the  as  yet  undeveloped  events  which 
the  future  can  alone  reveal.  If  such  be  his  fortune, 
however,  he  will,  no  doubt,  do  honor  to  himself  and  to 
his  adopted  state ;  and  there  will  be  many  friends  to 
rejoice  most  sincerely  in  his  success. 

Governor  Marcy  has  been  twice  married.  His  first 
wife  was  a  Miss  Newell,  a  descendant  of  one  of  the 
early  settlers  of  Sturbridge ;  his  second  wife  was  a 
daughter  of  the  late  Benjamin  Knower,  formerly  treas 
urer  of  the  state,  and  for  a  long  time  one  of  the  most 
active  and  influential  politicians  belonging  to  the  demo 
cratic  party  in  the  city  of  Albany. 

As  a  private  citizen,  Governor  Marcy  has  always 
been  held  in  high  esteem,  for  his  good  example  in  the 


CHARACTER    AND    ABILITIES.  605 

fulfilment  of  social  duties  and  obligations,  for  his  public 
spirit,  and  for  his  generous  liberality.  The  Albany 
Academy,  and  the  Albany  Female  Seminary,  have  been 
much  indebted  to  him,  for  assistance  as  a  patron,  or 
counsel  and  advice  as  a  trustee. 

In  person  he  is  rather  above  the  ordinary  height ; 
his  frame  is  stout  and  muscular,  but  not  gross.  His 
forehead  is  bold  and  full ;  his  eyebrows  heavy ;  his 
eyes  deep-set  and  expressive  ;  and  his  mouth  and  chin 
firmly  moulded.  His  appearance  altogether,  is  calcu 
lated  to  impress  a  stranger  favorably,  both  in  respect 
to  his  talents  and  his  character.  His  manners  are 
affable  and  courteous  ;  free  from  pretence,  yet  dignified. 
He  possesses  equanimity  in  a  high  degree,  and  a  bon 
homie  as  rare  as  it  is  captivating.  His  acquaintance 
is  really  an  enjoyment,  and  society  is  indebted  to  just 
such  men  for  its  charms  and  attractions. 

He  is  considered  to  be  a  strict  party  man,  but  frank 
and  honorable  in  his  political  course.  Just  before  the 
expiration  of  his  last  term  as  governor,  and  after  his 
defeat,  he  was  solicited  to  call  a  special  session  of  the 
Senate,  that  the  officers  whose  terms  were  about  to 
expire  might  resign,  and  be  reappointed ;  but  he  re 
fused,  to  his  honor,  to  comply  with  the  request.  He 
has  the  reputation  of  being  a  shrewd. political  tactician, 
and,  probably,  has  never  been  surpassed  in  this  respect, 
by  any  of  the  politicians  of  New  York,  except,  it  may 
be,  Mr.  Van  Buren.  Like  him,  while  in  public  life,  it 
seems  to  have  ever  been  his  policy  to  prevent  the  get- 


606  WILLIAM    L.    MARCY. 

ting  up  of  state  issues  to  interfere  with  the  success  of 
the  democratic  party  of  the  nation.  He  is  something 
of  an  optimist  in  politics,  regarding  everything  as  for 
the  best,  never  disturbed  by  reverses,  nor  unduly  elated 
by  good  fortune.  He  is  well  fitted,  too,  to  rough  it, — 
a  desirable  trait  in  a  politician,  for  he  has  his  dark  days 
as  well  as  his  holidays,  and  he  finds  the  roses  strewn  in 
his  path  often  intermingled  with  thorns. 

He  is  not  a  graceful  speaker,  though  always  interest 
ing;  nor  fluent,  except  when  fully  prepared  for  the 
occasion.  But  as  a  writer,  he  ranks  deservedly  high. 
His  style  is  strong,  pure  and  perspicuous,  and  flowing 
with  true  Addisonian  ease  and  elegance.  His  state 
papers  are  admirable  compositions  of  their  kind,  and, 
like  those  of  Clarendon  and  Bolingbroke,  will  be  re- 
membe'red  for  their  intrinsic  worth  long  after  the  sub 
jects  to  which  they  relate  have  lost  their  importance. 

His  judgment  of  men  and  character  rarely  deceives 
him.  H$  is  a  careful  observer,  cautious,  prudent,  and 
sagacious.  His  mind  is  practical;  ne  quid  nimis — 
there  is  nothing  too  much ;  it  is  well-balanced,  in  noth 
ing  extraordinary,  but  in  all  respects  above  mediocrity, 
—not  perfect,  but  complete. 


*    >*:* 


*    #  •• 


+-,  i.  ** 


.  m  .  fia'-jTA 

G&wncr  of  Sen  \crk. 


WILLIAM  II.  SEWARD. 

AN  able  writer,  in  a  work  recently  published,*  com 
pares  Daniel  Webster,  when  resting  after  one  of  his 
thrilling  bursts  of  eloquence,  .to  Hercules  leaning  on  his 
club.  The  name  of  the  distinguished  orator  and  poli 
tician  at  the  head  of  this  memoir,  suggests  a  different 
picture, — that  of  the  young  Antinous,  supporting  him 
self  gracefully  upon  the  slender  spear  with  which  he 
has  followed  the  chase.  Webster  wields  the  mighty 
battle-axe  of  Richard, — Seward,  the  light  scimitar  of 
Saladin.  The  one  is  a  man  of  iron ;  the  other,  a  man 
of  soul.  "Sympathy  with  his  race,  both  with  the  mass 
and  the  individual,  with  the  virtuous  and  for  the  de 
graded,  with  the  happy  and  the  unhappy,  with  the  white 
man  and  the  black ;  sympathy  intense,  unresting  and 
universal,  is  the  secret  of  Seward's  character."  f 

The  Seward  family  came  originally  from  Wales,  and 
settled  at  a  very  early  period  in  the  province  of  New 
Jersey.  John  Seward,  the  grandfather  of  the  governor, 
was  a  prominent  citizen,  and  a  leading  whig,  at  the 
opening  of  the  great  drama  of  the  Revolution,  and  com- 

*  Magoun's  Living  Orators,  p.  67. 

f  Mrs.  Maury's  Statesmen  of  America,  p.  31. 


608  WILLIAM    H.    SEWARD. 

manded  a  regiment  of  militia,  in  the  colonial  service, 
throughout  the  war.  His  son,  Samuel  S.  Seward,  the 
father  of  Governor  Seward,  was  educated  as  a  physi 
cian,  and  married  Mary  Jennings,  the  daughter  of  Isaac 
Jennings,  who  was  of  Irish  extraction, — a  circumstance 
that  may  have  contributed,  in  no  small  degree,  to  ex 
cite  in  the  bosom  of  his  descendant  that  sincere  and 
devoted  attachment  to  the  home  of  his  maternal  an 
cestors,  to  "the  green  valleys  of  Ireland,"  to  the  great 
cause  of  Irish  Emancipatign,  and  to  the  men  who  have 
advocated  and  upheld  it,  or  died  in  its  defence,  for  which 
he  has  been  long  distinguished. 

Just  before  the  close  of  the  eighteenth  century,  Dr. 
Seward  removed  with  his  family  to  Florida,  in  the 
town  of  Warwick,  Orange  county,  New  York.  Having 
established  himself  there  in  practice,  his  business  soon 
became  lucrative,  and  his  reputation  widely  extended. 
A  goodly  share  of  this  world's  wealth  and  honors  fell 
to  his  lot.  He  was  conspicuous  for  his  public  spirit 
and  enterprise,  for  his  kindness  and  liberality.  He  dis 
pensed  his  charities  with  an  open  hand,  and  was  a  friend 
to  religion,  to  improvement,  to  progress.  He  was  a 
good  scholar,  passionately  fond  of  reading  and  study, 
and  a  beneficent  patron  of  institutions  of  learning.  He 
was  the  founder  of  the  Institute  at  Florida  which  bears 
his  name,  and  to  the  close  of  his  life  was  deeply  interest 
ed  in  its  prosperity.  He  held  various  offices  of  honor  and 
trust,  and  was  for  several  years  t.he  first  judge  of  Orange 
county.  Though  eccentric  in  some  of  his  notions,  he 


BIRTH    AND    EDUCATION.  GOO 

was  a  good  citizen,  and,  whether  in  a  public  or  private 
capacity,  was  honored  and  esteemed  by  his  neighbors 
and  friends.  He  lived  to  a  good  old  age,  and  went 
down  to  his  grave,  in  1849,  "like  a  sheaf  of  corn  fully 
ripe." 

WILLIAM  H.  SEWARD  was  born  at  the  residence  of 
his  father,  in  Florida,  on  the  16th  day  of  May,  1801. 
His  boyhood  passed  away  unenlivened  by  incidents 
of  peculiar  interest.  A  natural  aptitude  for  learning, 
quickness  of  observation,  and  vivacity  of  temperament 
bordering  upon  enthusiasm,  were  the  marked  traits  in 
his  character.  The  scenes  and  associations  clustering 
thick  around  his  home  in  the  Highlands — 

"  Those  mountains,  that  like  giants  stand, 
To  sentinel  enchanted  land" — 

imparted  force,  energy,  and  decision,  to  his  mind ;  and 
the  ancestral  legends  to  which  he  listened,  filled  his 
bosom  with  high  thoughts  and  hopes  of  patriotic  emu 
lation.  He  inherited  his  father's  love  of  letters  and 
philosophy,  and  imitating  his  example,  resorted  to  tl 
well-springs  of  science  for  information,  and  from  tl 
fountains  of  poesy,  drank  sweet  inspiration.  Superior 
talents  were  early  developed,  and  Genius  threw  over 
him  her  robe,  which,,  like  the  mantle  of  the  prophet, 
gifted  him  with  her  spirit  and  power. 

Possessing  rare  advantages,  he  appears  to  have  im 
proved  them  well  and  wisely.  He  received  the  usual 
academical  education,  in  his  native  village,  and  at 

26* 


39 


610 


WILLIAM    H.    SEWARD. 


ui 

;; 


Goshen,  in  the  same  county.  Having  fitted  himself  for 
an  advanced  standing  in  Union  College,  he  entered 
that  institution,  in  the  fall  of  1816,  as  a  member  of  the 
Sophomore  class. 

He  was  at  this  time  but  a  mere  lad,  yet  he  had  formed 
habits  of  careful  application.  He  was  not  so  much  a 
laborious,  as  he  was  an  attentive  student.  He  studied 
much,  and  read  much.  In  the  natural  sciences  he  was 
well  versed,  but  he  made  himself  particularly  familiar 
with  the  ancient  and  modern  classics.  Through  the 
wide  field  of  English  literature  he  wandered  in  search 
of  the  true  and  the  beautiful,  and,  culling  the  sweetest 
and  the  brightest  flowers,  garnered  them  safely  for 
future  years. 

But  something  more  is  essential  to  the  student,  than 
the  mere  knowledge  derived  from  books.  The  educa 
tion  of  the  mind,  said  Quintilian,  is  as  necessary  to  its 
improvement,  as  is  the  cultivation  of  the  ground  to 
insure  fertility.*  The  mind  is  properly  educated  and 
disciplined,  only  by  means  of  thought.  While  this  is 
wanting,  it  is  like  the  block  of  marble,  gross  and  sense- 

ss,  waiting  for  the  art  and  the  genius  of  the  sculptor 
to  bring  out  the  beauty  and  grace  of  the  hidden  Apollo. 
Without  this,  it  is  but  a  cold  and  inanimate  rock,  but 
with  it,  endowed  with  life,  vigor,  and  activity,  and,  like 
the  fabled  statue  in  the  East,  uttering  the  glad  Salamat 
of  welcome,  as  it  catches  the  inspiration  that  quickens 

*  Ut  si  aniraum  dicas  excolendum,  similitudine  utaris  terrse,  quae 
neglectasentes  atquc  dumos,  exculta  fructus  creak— Instit.lib.v.,c&p.  xi. 


STANDING  AND  CHARACTER  AS  A  STUDENT.   611 

and  informs  it.  True  eloquence  was  never  yet  the 
handiwork  of  man, — 

j  .M 

*•  For  all  a  rhetorician's  rules, 
Teach  nothing  but  to  name  his  tools." 

So  of  intellectual  power,  it  is  no  mere  device  of  human 
invention.  Books  are,  indeed,  useful  in  their  way  and 
place ;  yet  they  but  serve  to  introduce  the  scholar  to 
the  great  storehouse  of  Science.  He  must  there  choose 
for  himself,  and  Thought  is  the  good  angel  that  will 
guide  him  aright 

Young  Seward  thought  and  read  with  his  pen  in 
hand,  lest  Memory  should  drop  a  single  one  of  the 
jewels  he  had  gathered  on  his  literary  pilgrimage.  He 
maintained  a  high  standing  among  the  first  members 
of  his  class,  and,  while  he  gained  the  esteem  of  his  asso 
ciates,  secured  the  approbation  of  his  instructors.  In 
January,  1819,  being  then  in  the  last  year  of  his  colle 
giate  course,  he  withdrew  from  college  for  a  year,  both  to 
recruit  his  health,  and  because  his  friends  did  not  deem 
it  advisable  for  him  to  graduate  so  young.  Six  months 
of  his  absence  from  the  classic  shades  of  his  Alma 
Mater,  were  spent  in  the  southern  states ;  and  the  ob 
servations  which  he  then  made,  may,  not  improbably, 
have  given  character  to  the  sentiments  of  his  manhood 
with  reference  to  slavery,  and,  what  he  has  expressively 
termed,  "the  indefensible  law  of  Physical  Force."* 

*  Argument  before  the  Supreme  Court,  io  the  case  of  Van  Zandt 
ads.  Jones. 


(J12  WILLIAM    H.    SEWARD. 

Returning  from  the  south,  Mr.  Seward  spent  six 
months  in  the  study  of  the  law  at  home.  He  then  re- 
entered  college,  as  a  member  of  the  class  next  his  own, 
now  in  the  senior  year,  and  finally  graduated  at  the 
annual  commencement  in  1820.  Among  his  classmates 
during  the  last  year  of  his  course,  and  with  whom  he 
shared  the  highest  honors  of  the  institution,  were  Wil- 
Jiam  Kent,  formerly  circuit  judge,  Dr.  Laurens  P. 
Hickock,  one  of  the  professors  in  the  Auburn  Theolo 
gical  Seminary,  Professor  Tayler  Lewis  of  the  New 
York  University,  and  Archibald  L.  Linn,  a  distinguished 
member  of  the  bar  at  Schenectady,  and  a  representa 
tive  in  the  27th  Congress. 

The  attractions  and  the  duties  of  an  active  profes 
sional  and  political  career,  have  not  rendered  Mr.  Sew 
ard  unmindful  of  his  obligations  to  the  institution  at 
which  he  received  his  education.  In  the  welfare  and 
prosperity  of  Union  College  he  has  ever  interested  him 
self,  and  has  always  felt  rejoiced  when  circumstance's 
have  permitted  him  to  appear  "on  the  old  familiar  cam 
pus  on  commencement  day."  Nor,  on  the  other  hand, 
ha?  he  been  forgotten  by  the  beloved  mother  whose 
offspring  are  scattered  all  over  the  world,  and  yet  are 
not  so  numerous  as  to  o'ertax  her  love.  His  memory 
is  still  treasured  in  her  halls,  and  the  promise  of  his 
youth  is  remembered  in  connection  with  the  fame  which 
he  has  achieved.  He  has,  also,  brought  the  laurels 
he  had  won,  and  laid  them  at  her  feet,  while  he  ad 
dressed  words  of  counsel  to  those  who  filled  the  places 


ADDRESS  BEFORE  THE  PHI  BETA  KAPPA.     613 

of  himself  and  his  associates,  and,  like  them,  were  fit 
ting  for  the  world's  high  arena. 

At  the  annual  commencement  in  1844,  he  delivered 
the  address  before  the  Phi  Beta  Kappa  Society  at  Union 
College,  of  which  he  was  a  member.*  His  theme  was 
"  The  Elements  of  Empire  in  America."  It  was  well 
chosen,  and  the  address,  is  marked  by  a  chastened  tone, 
and  an  elevation  of  sentiment,  not  of  rare  occurrence, 
nor  yet  always  to  be  found,  in  his  popular  addresses. 
The  following  passages,  taken  from  the  conclusion,  are 
among  the  most  truly  eloquent,  though,  perhaps,  not 
the  most  striking  specimens  of  his  style  : 

*  We  engage  the  obedience  of  the  citizen,  by  intrusting  him  with  a 
constituent  and  equal  part  of  that  suffrage  which  keeps  the  entire  ma 
chine  of  government  in  operation.    The  ballot  is  put  into  his  hand  as  a 
weapon  whereby  he  may  peaceably  guard  against  oppression,  and  re 
dress  it.     We  expect  him,  therefore,  to  acquiesce  in  the  will  of  the 
majority,  and  we  know  that  at  least  he  will  be  overborne  by  it    This 
is,  I  think,  a  true  exposition  of  the  principles  of  universal  suffrage. 
Our  Declaration  of  Independence  rejects  altogether  the  theory  that  the 
Eight  of  Suffrage  is  a  trust  to  be  conferred  on  some,  and  withheld  from 
others,  but  asserts  an  absolute  equality  of  natural  and  political  right. 
The  ancient  Egyptians  had  less  veneration  for  kings  than  is  exhibited 
by  the  modern  Europeans.    The  people  of  the  Nile  brought  their  sove 
reigns  to  solemn  trial  after  death  ;  but  the  kings  of  Europe  pass  no 
political  ordeal  in  life,  or  after  death.     We  bring  all  our  functionaries 
to  periodical  account,  and  the  continuance  of  their  power  depends  on 
their  winning  the  popular  verdict.    If  we  gain  no  more  by  our  system, 
we  secure  at  least  this,  the  maintenance  of  Law  and  Order  by  popular 

*  The  address  was  repeated,  the  same  year,  before  the  Literary 

Society  of  Amherst  College. 


614  WILLIAM    H.    SEWARD, 

submission  without  force.  What  Great  Britain  has  expended  to  gup- 
port  armies  and  navies  in  the  last  century  would  have  been  sufficient 
to  purchase  her  Eastern  dominions.  True,  turbulence  has  sometimes 
happened  in  populous  cities,  and  more  rarely  even  in  agricultural  dis 
tricts.  But  what  precious  freedom  has  been  enjoyed  with  these  occa 
sional  disorders!  The  mere  impressment  of  seamen  and  soldiers 
necessarily  tolerated  by  every  military  people,  annually  produces 
more  misery  and  wretchedness  than  have  flowed  from  all  the  com 
motions  and  disorders  which  have  happened  in  this  republic.  And 
what  country  has  been  so  much  exempted  from  turbulence  ?  Ta  argue 
the  weakness  of  laws  because  human  passions  sometimes  revolt  against 
their  restraints  would  be  to  plead  for  absolute  despotism.  Besides,  is 
no  time  to  be  allowed  us  to  perfect  laws,  and  improve  morals,  in  har 
mony  with  institutions  so  new  and  peculiar  I 

"  But  popular  suffrage  is  not  without  other  advantages.  It  secures 
generally  an  administration  as  wise  and  as  beneficent  at  least,  as  any 
other  people  enjoys.  Popular  elections  certainly  and  periodically  re 
curring,  are  more  effective  in  their  influence  upon  magistrates  than 
even  the  terrors  of  the  scaffold  would  be.  Look  through  the  catalogue 
of  Executive  magistrates  who  have  presided  over  the  republic,  and 
answer  whether  a  succession  of  wiser  and  better  men  have  ever  swayed 
empire  in  ancient  or  modern  times !  "We  have  combined  a  system  of 
universal  public  instruction  with  universal  suffrage.  It  seems  to  ue 
that  it  would  have  been  fortunate  if  the  schoolmaster  could  always 
have  preceded  the  democratic  constitution.  But  that  could  not  be. 
God  hath  not  so  willed,  but  hath  willed  generally  the  reverse.  It 
must  suffice,  therefore,  if  knowledge  can  be  made  to  follow  suffrage 
fast  enough  to  guaranty  liberty  and  public  order. 

"Volumes,  profound  volumes,  have  been  written  by  philosophic 
men,  to  prove  the  despotism  of  the  popular  majority — the  despotism 
of  the  American  majority.  True,  it  is  absolute.  There  must  be  power 
somewhere  and  somehow  to  compel  obedience.  But  did  ever  the 
American  majority  issue  lettres  de  cachet  as  did  Louis  XIV  ?  Did  it 
ever  convict  and  immure  citizens  for  conspiracy  to  obtain  amendments 
of  the  constitution  by  right  of  petition  and  the  elective  franchise,  as  has 


ADDRESS  BEFORE  THE  PHI  BETA  KAPPA.     615 

done  in  Great  Britain  within  the  present  year  ?  The  despotism 
of  the  majority  1  Why,  the  despot  at  least  is  changed  often  enough, 
and  with  it  the  oppression.  The  majority  of  yesterday  is  the  minor 
ity  of  to-day.  Yet,  strange  to  say,  this  objection  to  our  system  is  urged 
at  the  same  time  and  in  the  same  breath  with  raillery  against  the  sup 
posed  inconsistency  of  popular  opinion,  rendering  all  the  policy  of  gov 
ernment  capricious  and  vacillating. 

"  These  great  principles  of  popular  government,  or,  in  other  words, 
of  Popular  Freedom,  tend  to  save  the  State  from  civil  commotion,  and 
to  develop  its  energies,  and  ought  to  be  ranked  among  the  forces  which 
constitute  our  national  strength. 

"  While  we  admit  the  general  justice  of  European  opinions  of  our 
attainments  in  Science  and  Literature,  we  must  be  allowed  to  insist 
ttiat  higher  excellence  will  be  reached,  although  the  pretension  is  fre 
quently  derided.  Certainly,  American  mind  has  made  some  progress 
since  the  long  dispute  concerning  its  capacity  began.  No  critic  now 
asks,  « Who  sees  an  American  book  f  On  the  contrary,  even  in  Europe 
he  would  probably  be  thought  not  a  very  enlightened  statesman  who 
had  never  studied  an  American  Constitution,  or  read  an  American 
state  paper  -,  nor  he  a  perfect  scholar  who  had  never  read  an  American 
book ;  nor  he  a  complete  mechanic  who  was  ignorant  of  all  American 
inventions.  I  do  not  parade  names.  But  it  seems  to  me  that  there 
are  speeches,  histories,  poetns,  and  sermons,  at  least,  which  are  not  un 
worthy  to  be  ranked  with  English  classics.  Moreover,  if  I  do  not  err, 
the  American  press  is  beginning  to  be  American,  and  is  forming  a 
mind  and  a  character  not  altogether  imitative  of  European  standards, 
nor  inferior  to  them.  It  must  be  so.  Mind  here  is  equal  to  mind  else 
where.  Advantages  of  education  are,  or  are  certain  to  become,  more 
universal  Do  you  not  see  that  instead  of  leaving  public  instruction  to 
the  care  of  government,  as  has  been  done  so  unfortunately  elsewhere, 
and  engaging,  at  moat,  only  one  religious  sect  in  its  behalf,  that  here 
the  people  take  the  precious  cause  into  their  own  care,  and  Presbyte 
rian,  and  Episcopalian,  and  Baptist,  and  Methodist,  and  Trinitarian,  and 
Unitarian,  and  Protestant,  and  Catholic,  and  Jew,  and  Gentile  sects 
emulate  each  other  in  educating  the  people  ?  Society  here  is  as  certain 


616  WILLIAM    H.    SEWARD. 

to  want  intellectual  aliment  as  elsewhere,  as  it  consumes  more  already 
than  is  consumed  elsewhere.  If  it  be  asked,  why  are  we  still  inferior  ? 
The  answer  is  obvious.  Every  community  produces  first  what  it  most 
needs.  Physical  labor  and  effort  in  the  organization  of  society  have 
hitherto  been  most  needed.  Few  deny  that  the  Americans  are  becom 
ing  a  commercial  people.  But  it  would  be  as  pertinent  to  inquire 
why  London  excels  New  York  in  trade,  as  it  is  to  inquire  why  that 
city  is  inferior  to  London  in  the  cultivation  of  Science  and  the  Arts. 

"  Religion  is  an  indispensable  agent  in  every  society.  But  every 
religion  except  Christianity  has  been  a  fraud,  practiced  by  the  state  on 
the  consciences  of  the  people,  to  induce  blind  obedience  to  civil  author 
ity,  and  often  as  blind  hatred  against  other  communities,  and  even  mu 
tual  hatred  between  members  of  the  same  community,  except  in  the 
United  States.  Christianity,  although  incidentally  promoting  good 
morals,  has  been  generally  made  subservient  to  the  same  State  policy. 
How  has  it  been  for  the  last  two  hundred  years  even  in  Britain  ? 
Among  us,  and  for  the  first  time  since  flie  reign  of  Constantino,  Chris 
tianity  has  withdrawn  from  alliance  with  the  civil  power,  and  devoted 
herself  exclusively  and  assiduously  to  her  great  office  of  teaching  mo 
rality,  virtue,  and  charity,  and  the  hopes  of  immortality.  Society  is 
already  exhibiting  the  fruits  of  these  instructions ;  and  here  is  to  be 
illustrated,  at  least,  that  unity  of  the  Christian  church  which  has  been 
an  article  in  the  creed  of  every  sect,  but  apparently  has  been  under 
stood  by  none,  an  agreement  of  faith  in  the  Redeemer  of  men — uniting 
all  the  believers  in  a  cprnmon  hope  of  salvation,  and  yet  permitting  all 
that  diverseness  of  opinion  and  associations  and  forms  of  worship,  that 
the  exercise  of  individual  judgment  upon  even  the  oracles  of  divine 
trutli  must  ever  produce.  '  Righteousness  exalteth  a  nation,  but  sin  is 
a  reproach  to  any  people.'  A  religion,  then,  thus  pure,  charitable,  and 
efficient,  must  have  the  first  place  among  the  elements  of  empire. 

"  The  chief  grace  of  nations  and  of  men  is  moderation.  It  was  this 
that  elevated  Washington  above  comparison  with  Alexander,  with 
Caesar,  with  Cromwell,  with  all  men.  It  was  moderation  that  made 
the  reigns  of  Augustus  and  Hadrian  golden  ages  of  the  Roman  Empire, 
and  that  of  Alfred  the  most  beneficent  in  the  history  of  Britain.  What 


ADDRESS    BEFORE    THE    fill    BETA    KAPPA.  617 

shall  impart  moderation  to  individual  and  national  character  if  it 
spring  not  from  the  elements  of  empire  we  have  indicated  ?  Soon  the 
industrial  ppirit  which  now  appears  so  mercenary  will  have  diffused 
comforts  and  luxuries  throughout  society,  and  will  be  directed  into 
channels  of  beneficence.  Be  it  remembered,  that  though  the  passion  of 
Avarice  has  its  votaries  in  every  society,  masses  are  never  mercenary, 
nor  is  avarice  even  general,  except  when  want  is  prevalent.  Abstract 
ly,  man  is  not  avaricious.  Want,  or  the  dread  of  it,  generates  cupidity. 
Soon  the  schools  we  have  founded,  and  the  libraries  we  are  establishing, 
will  produce  an  elevation  of  motives.  Conscious  dignity  may  well  be 
long  to  the  American ;  for  the  American  citizen 'is  he  to  whom  the 
highest  has  descended,  and  the  lowest  hath  mounted  up,  who  is  the 
equal  and  kindly  brother  of  all.'  Equanimity  ought  to  distinguish  a 
people,  who  fear  no  danger  from  without,  and  dread  no  sedition.  Mo 
rality,  and  virtue,  and  benevolence,  must  prevail  where  Religion ,  is 
left  free  to  her  native  and  proper  ministrations,  else  its  preaching  is 
vain,  and  our  hope  is  also  vain.  If  I  be  not  deceived,  I  can  discover 
all  these  influences  already  meliorating,  elevating,  and  dignifying  the 
character  of  the  American  people. 

"  We  have  thus  examined  the  condition  of  the  people,  in  which,  as 
Patriots,  it  is  our  duty  to  labor.  We  cannot  predict  how  soon,  or  how 
great,  or  even  of  what  nature,  will  be  the  harvest ;  for  who  hath  tabled 
the  long  seasons  through  which  nations  pass  ?  And  who  can  predict 
their  crimes,  and  the  just  judgment  of  God  ?  Nevertheless  we  may 
humbly  hope  that  the  further  development  of  these  '  powers  and 
forces'  of '  our  estate,'  with  '  God's  blessing  upon  our  posterity,'  may 
tend  at  least  to  correct  the  sentiments  of  mankind  concerning  what 
constitutes  true  National  Greatness,  the  just  end  of  Human  Society, 
and  that  our  example  may  in  some  measure  lead  to  '  bring  force  under 
thought,  animal  courage  under  the  spiritual,'  Freedom  above  Ambi 
tion,  and  Humanity  above  Power. 

"  Gentlemen :  These  speculations  may  seem  to  you  to  be  imbued 
with  the  spirit  of  optimism.  But  optimism  is  essential  to  philanthropy. 
You  will  be  careful  how  you  test  political  speculations  more  than  Di 
vine  prophecies  by  evidences  of  their  speedy  fulfilment  If  you  can- 


618  WILLIAM    H.    SEWARD. 

not  discover  the  growth  of  the  most  vigorous  plant  but  by  noting  its 
height  at  intervals,  think  not  that  a  hasty  survey  will  ascertain  the 
progress  of  Human  Society. 

"  The  object  of  this  discourse  is  not  to  minister  to  national  pride,  al 
ready  perhaps  too  much  inflated ;  but  on  an  occasion  when  so  many 
of  those  who  have  summoned  me  here  are  entering  on  the  busy  stages 
of  life,  it  seems  not  unwise  to  direct  their  thoughts  for  an  hour  to  the 
destinies  of  their  country,  and  to  show  them  that  '  far  superior  to  the 
mere  objects  of  a  grovelling  ambition,  and  above  all  party  and  person 
al  considerations,'  these  are  interests  worthy  of  constant  and  undying 
devotion.  Scarcely  do  we  assume  our  responsibilities  as  citizens,  be 
fore  we  perceive  that  Society  is  agitated  by  two  contending  elements, 
which  never  combine — the  spirit  of  Progress  and  the  spirit  of  Conserv 
atism.  If  we  yield  unresistingly  to  Progress,  we  hurry  forward,  reck 
less  of  the  suggestions  of  Fear  and  of  the  counsels  of  Experience ;  and 
madly  plunge  our  country  into  Anarchy,  from  whence  there  is  no 
return  but  through  the  long,  dark  domain  of  despotism.  If  we  sur 
render  ourselves  to  Conservatism,  we  fear  to  advance,  though  urged 
forward  by  Humanity,  and  assured  by  Reason,  that  the  way  has  all 
been  carefully  explored.  We  hold  our  country  back  from  her  onward 
course  until  she  is  crushed  under  institutions  silently  dilapidated  by 
the  ever-flowing  current  of  Time.  The  impulsive  spirit  wins  the 
young,  the  bold,  and  the  generous.  The  retarding  one,  the  timid, 
the  experienced,  and  the  sagacious.  They  magnify  the  danger  of  ad 
vance,  while  they  do  not  conceive  the  impossibility  of  rest.  To  '  still 
the  noise  of  the  waves  and  the  tumults  of  the  people,'  is  an  attribute 
of  Almighty  Power.  Long  opposition  to  popular  impulses,  which  are 
irresistible,  and  fruitless  efforts  to  enforce  regularity  of  which  human 
action  is  incapable,  weary  th*e  impatient  but  well-meaning  Conserva 
tive,  and  be  retires  in  the  midst  of  his  country's  improvement  and 
prosperity,  to  complain  of  declining  virtue  and  to  forebode  impending 
calamities.  Let  us  remember  that  both  agencies,  antagonistical  as 
they  seem,  are  one;  and  they  constitute  the  element  of  Social  Im 
provement,  regulated  in  its  action  by  the  universal  law  of  reciprocating 
compensation..  What  seema  the  spirit  of  Progress,  is  the  everlasting 


STUDIES    LAW.  619 

inherent  force  of  society,  and  the  other  is  its  rest,  which  is  reaction. 
'  As  even  spiritual  music  is  only  obtained  from  discords  set  in  unison, 
but  for  Evil  there  would  be  no  Good  ;  and  Victory  is  possible  only  by 
Battle.'* 

"  Thus  believing,  let  us  not  indulge  the  discouraging  thought,  how 
ever  reverential,  that  our  fathers  were  wiser  or  even  better  than  we  can 
be ;  or  that  other  disheartening  fear,  that  our  children,  or  the'ir  chil 
dren,  will  degenerate.  Let  us  rather  trust  and  hope  in  the  Future, 
within  whose  veil  Providence  directs  that  every  anchor  shall  be  cast. 
Let  us  be  assured  that  although  the  foundations  of  Empire  are  laid  in 
our  country,  we  may  in  some  small  degree  at  least  shape  the  great 
superstructure  ;  and  that  although  the  career  of  civilization  is  well  be 
gun,  yet  it  shall  end  only  with  Time,  and  that  even  our  feeble  hands 
may  somewhat  regulate  its  velocity  and  guide  its  course. 

"  If  such  belief  were  less  philosophical,  I  still  would  cling  to  it ;  for 
man  with  powers  for  beneficence,  but  without  occasion  for  their  exer 
cise,  would  of  all  beings  be  most  miserable.  Let  others  choose  a  differ 
ent  course  :  as  for  me,  if  I  must  err,  let  me  not  droop  in  the  gloomy 
shades  of  Despondency,  but  rather  '  let  me  lose  my  way  in  the  sunlit 
illusions  of  Affection,  of  Patriotism,  and  of  Philanthropy.'  " 

After  leaving  college,  Mr.  Seward  pursued  the  study 
of  the  law,  in  the  city  of  New  York,  with  John  An- 
thon,  well  and  widely  known  as  one  of  the  ablest  and 
most  sagacious  counsellors  in  the  chief  commercial 
city  of  the  state  and  union ;  and  completed  his  term 
of  clerkship  with  John  Duer  and  Ogden  Hoffman,  who 
were  then  practicing  the  law  at  Goshen.  Both  those 
gentlemen  have  since  risen  to  distinction  :  the  former 
has  been  for  many  years  one  of  the  leading  and  most 
talented  members  of  the  New  York  bar,  and  now 
adorns  the  bench  of  the  Superior  Court,  with  his 
*  Carlyle. 


620  WILLIAM    H.    SEWARD. 

learning,  his  virtues,  and  his  integrity  ;  the  latter  has 
distinguished  himself  as  a  member  of  Congress,  has 
been  District  Attorney  of  the  southern  district  of  New 
York,  and  has  gained  the  highest  honors  of  his  profes 
sion  as  the  reward  of  his  skill  and  eloquence  as  an 
advocate. 

For  about  six  months  previous  to  the  expiration  of 
his  clerkship,  Mr.  Seward  was  associated  in  practice 
with  his  preceptor,  Mr.  Hoffman.  He  was  duly  ad 
mitted  to  the  bar,  at  the  October  Term  of  the  Supreme 
Court,  in  1822,  and  shortly  after  made  preparations  to 
locate  permanently  in  western  New  York.  Having 
visited  Auburn,  then  a  small  but  thriving  village,  he 
was  pleased  with  the  situation  and  prospects  of  the 
town,  and  concluded  to  establish  himself  there.  This 
has  continued  to  be  his  place  of  residence,  except  for 
brief  periods,  up  to  the  present  time. 

He  commenced  the  practice  of  the  law  in  Auburn, 
on  the  1st  day  of  January,  1823,  without  the  assistance 
of  influential  friends,  and  with  no  patronage  except  the 
declining  business  of  Elijah  Miller,  for  some  years  pre 
vious  a  leading  politician,  and  a  prominent  member  of 
the  bar  in  the  county,  who  was  then  withdrawing  from 
his  profession,  and  whose  daughter  Mr.  Seward  after 
ward  married.  The  dependence  of  the  latter  was  upon 
himself, — upon  his  native  energy  of  character,  upon  the 
rich  intellectual  endowments  with  which  nature  had 
gifted  him,  and  upon  a  mind  w;ell  instructed  and  a 
judgment  well  disciplined.  With  such  advantages 


PROFESSIONAL    SUCCESS.  621 

and  supports  on  which  to  rely,  and  thus  fitted  for  the 
championship  at  the  bar,  he  entered  upon  his  profes 
sional  career. 

The  profession  of  the  law  is  an  honorable  one.  Its 
study  is  calculated  to  strengthen  and  expand  the  mind  ; 
and  its  practice,  if  pursued  in  the  love  of  justice  and 
of  truth,  will  elevate  the  heart  and  fill  it  with  noble 
aspirations.  Its  themes  are  as  inspiriting  as  those  pre 
sented  to  the  competitors  in  the  Odeum  during  the  fes 
tival  of  the  Panathensea  ;  and  if,  as  a  profound  philoso 
pher  has  intimated,  the  highest  powers  of  oratory  are 
called  forth  only  in  the  defence  of  the  right,*  the  advo 
cate  has  the  best  of  motives  to  arouse  and  stimulate 
his  eloquence.  Its  honors  and  its  triumphs  are  suffi 
cient  to  satisfy  any  man's  ambition  ;  and  its  rewards, 
when  fairly  earned,  like  the  civic  crown  of  Augustus, 
are  the  perpetual  memorials  of  good  and  worthy  deeds. 
Its  temptations,  indeed,  are  as  seductive  as  the  prizes 
which  it  offers  are  brilliant ;  "  the  shining  fruit,"  as  the 
apples  from  the  garden  of  the  Hesperides,  often  allure 
the  unwary ;  but  he  whom  virtue  has  panoplied,  is 
proof  against  enticement,  and,  pressing  boldly  forward, 
is  almost  sure  to  win  the  bright  coronal  of  fame. 

Mr.  Seward  rose  rapidly  to  eminence  at  the  bar. 
At  an  age  when  most  lawyers  are  dreaming  of  future 
success,  he  was  reposing  on  his  laurels.  His  competi 
tors  were  men  of  high  character  and  talents,  but  he 
soon  equalled  or  outstripped  them  all.  Ambitious  to 

*  Bacon,  De  Aug.  Sci.,  lib.  vi.,  cap.  iii. 


622  WILLIAM    H.    SEWARD. 

excel,  persevering  and  industrious,  he  proved  a  formi 
dable  antagonist  when  opposed  to  those  who  were  far 
more  experienced  than  himself.  He  was  well  grounded 
in  the  great  fundamental  principles  of  legal  science, 
and  ample  preparation,  both  in  thought  and  study,  was 
given  by  him  to  every  cause,  before  trial  or  argument. 
With  fidelity  to  the  interests  of  his  clients,  he  united 
that  honorable  bearing  which  is  so  bright  an  ornament 
in  the  professional  character.  His  rivalry  was  earnest, 
but  high-minded  ;  striving  zealously  for  superiority,  but 
remembering  that  success,  if  sullied  by  dishonor,  is 
worse  than  defeat. 

In  argumentative,  pathejtic,  or  declamatory  eloquence, 
he  was  excelled  by  few  of  his  contemporaries.  In  the 
trial  of  causes  he  was  not  unusually  skilful ;  but  in 
swaying  the  minds  and  judgments  of  a  jury,  he  had 
great  success.  His  appeals  in  behalf  of  the  wronged 
and  oppressed,  in  defence  of  injured  innocence,  and  in 
vindication  of  those  who  had  been  unjustly  assailed, 
were  eloquent  and  impassioned,  and  powerfully  affected 
the  sympathies  and  sensibilities  of  his  hearers. 

Until  within  a  comparatively  recent  period,  no  par 
ticular  attention  has  been  paid,  either  in  England  or 
America,  to  the  preservation  of  the  best  specimens  of 
legislative  and  forensic  eloquence.  Mr.  Pitt  once  said, 
that  a  speech  of  Bolingbroke  was  a  greater  desideratum 
than  any  of  the  lost  treasures  of  ancient  literature  ; 
and  we  of  a  later  age,  might  almost  say  the  same  of 
the  gifted  premier  of  England  and  his  gifted  sire, — for 


FORENSIC    ELOQUENCE.  623 

their  fame  rests  rather  upon  tradition  than  upon  the 
fragments  of  speeches  which  have  been  handed  down 
to  us.  We  have  most  of  the  brilliant  efforts  of  Curran 
and  Erskine,  but  scarce  anything  of  their  distinguished 
rivals  and  compeers,  of  Buller  or  Eldon,  of  Ellenborough 
or  Clare.  History  tells  us  of  the  effect  produced  by 
the  eloquence  of  Otis,  Adams,  and  Lee,  but  presents  no 
examples  that  we  may  judge  of  its  character.  Parsons 
and  Dexter,  Hamilton,  Burr,  and  Livingston,  Harper 
and  Pinkney,  were  long  the  ornaments  of  the  Amer 
ican  bar,  yet  their  oratory  is  but  little  more  than  a 
memory. 

The  arguments  and  speeches  of  Mr.  Seward  at  the 
bar,  which  have  been  preserved,  are  not  numerous,  and 
most  of  them  are  of  recent  date.  One  of  his  best  ef 
forts  was  made  in  the  case  of  The  People  against  Free 
man,  on  behalf  of  the  defendant,  who  was  tried  for 
murder  at  the  Cayuga  circuit,  in  July,  1846.  The 
offence  was  apparently  of  a  most  aggravated  charac 
ter  ;  the  prisoner,  who  was  a  colored  man,  and  had 
been  a  convict  in  the  state  prison,  had  slain  nearly  a 
whole  family, — a  Mr.  Van  Nest,  his  wife  (who  was 
enceinte),  their  young  child,  and  the  mother  of  Mrs.  Van 
Nest ;  and,  under  such  circumstances,  it  was,  perhaps, 
but  natural  that  popular  prejudice  should  be  exceed 
ingly  strong  against  the  accused.  It  was  thought  by 
some  that  the  prisoner  was  insane,  and  Mr.  Seward 
became  convinced,  in  his  own  mind,  that  this  was 
really  the  case.  He  therefore  volunteered  to  defend 


624  WILLIAM    H.    SEWARD. 

him.  The  preliminary  issue,  as  to  the  sanity  of  the 
prisoner,  was  first  tried  ;  and  the  jury  decided  that  he 
was  sane  enough  to  be  tried,  although  they  could  not 
conscientiously  say  he  was  of  sound  mind.  He  was 
then  tried  on  the  indictment  for  murder,  and  the  de 
fence  of  insanity  was  again  set  up,  but  it  proved  inef 
fectual.  The  prisoner  was  convicted,  in  spite  of  the 
eloquent  efforts  of  his  counsel,  yet  in  a  few  weeks  he 
died,  while  still  in  confinement,  a  confirmed  and  un 
doubted  lunatic.  The  following  are  extracts  from  the 
address  of  Mr.  Seward  to  the  jury,  in  summing  up  the 
evidence  on  the  main  trial : 

"  For  William  Freeman,  as  a  murderer,  I  have  no  commission  to 
epeak.  If  he  had  silver  and  gold  accumulated  with  the  frugality  of 
Croesus,  and  should  pour  it  all  at  my  feet,  I  would  not  stand  an  hour 
between  him  and  the  Avenger.  But  for  the  innocent,  it  is  my  right, 
my  duty  to  speak.  If  this  sea  of  blood  was  innocently  shed,  then  it  is 
my  duty  to  stand  beside  him  until  his  steps  lose  their  hold  upon  the 
scaffold.  *  *  * 

**  I  plead  not  for  a  murderer.  I  have  no  inducement,  no  motive  to 
do  so.  I  have  addressed  my  fellow-citizens  in  many  various  relations, 
when  rewards  of  wealth  and  fame  awaited  me.  I  have  been  cheered 
on  other  occasions,  by  manifestations  of  popular  approbation  and  sym 
pathy;  and  where  there  was  no  such  encouragement,  I  had  at  least 
the  gratitude  of  him  whose  cause  I  defended.  But  I  speak  now  in  the 
hearing  of  a  People  who  have  prejudged  the  prisoner,  and  condemned 
ine  for  pleading  in  his  behalf.  He  is  a  convict,  a  pauper,  a  negro,  with 
out  intellect,  sense,  or  emotion.  My  child,  with  an  affectionate  smile, 
disarms  my  care-worn  face  of  its  frown  whenever  I  cross  my  threshold. 
The  beggar  in  the  street  obliges  me  to  give,  because  he  says  '  God 
bless  you,'  as  I  pass.  My  dog  caresses  me  with  fondness  if  I  will  but 
smile  on  him.  My  horse  recognizes  me  when  I  fill  his  manger.  But 


DEFENCE    OF    FREEMAN. 


625 


what  reward,  what  gratitude,  what  sympathy  and  affection  can  I  ex 
pect  here  ?  There  the  prisoner  sits.  Look  at  him.  Look  at  the  as 
semblage  around  you.  Listen  to  their  ill-suppressed  censures  and 
their  excited  fears,  and  tell  me  where  among  my  neighbors  or  my  fel 
low-men,  where  even  in  his  heart,  I  can  expect  to  find  the  sentiment, 
the  thought,  not  to  say  of  reward  or  of  acknowledgment,  but  even  of 
recognition.  I  sat  here  for  two  weeks  during  the  preliminary  trial. 
I  stood  here  between  the  prisoner  and  the  jury  nine  hours,  and  pleaded 
for  the  wretch  that  he  was  insane,  and  did  not  even  know  he  was  on 
trial :  and  when  all  was  done,  the  jury  thought,  at  least  eleven  of  them 
thought,  that  I  had  been  deceiving  them,  or  was  self-deceived.  They 
read  signs  of  intelligence  in  his  idiotic  smile,  and  of  cunning  and  malice 
in  his  stolid  insensibility.  They  rendered  a  verdict  that  he  was  sane 
enough  to  be  tried — a  contemptible  compromise  verdict  in  a  capital 
case ;  and  then  they  looked  on,  with  what  emotions  God  and  they 
only  know,  upon  his  arraignment.  The  district  attorney,  speaking  in 
his  adder  ear,  bade  him  rise,  and  reading  to  him  one  indictment,  asked 
him  whether  he  wanted  a  trial ;  and  the  poor  fool  answered,  No. — 
Have  you  Counsel  ?  No. — And  they  went  through  the  same  mockery, 
the  prisoner  giving  the  same  answers,  until  a  third  indictment  was 
thundered  in  his  ears;  and  he  stood  before  the  court,  silent,  motionless, 
and  bewildered.  Gentlemen,  you  may  think  of  this  evidence  what  you 
please,  bring  in  what  verdict  you  can ;  but  I  asseverate  before  Heaven 
and  you,  that,  to  the  best  of  my  knowledge  and  belief,  the  prisoner  at 
the  bar  does  not  at  this  moment  know  why  it  is  that  my  shadow  falls 
on  you  instead  of  his  own. 

"  I  speak  with  all  sincerity  and  earnestness ;  not  because  I  expect 
my  opinion  to  have  weight,  but  I  would  disarm  the  injurious  impression 
that  I  am  speaking,  merely  as  a  lawyer  speaks  for  his  client.  I  am 
not  the  prisoner's  lawyer.  I  am,  indeed,  a  volunteer  in  his  behalf;  but 
Society  and  Mankind  have  the  deepest  interests  at  stake.  I  am  the 
lawyer  for  Society,  for  Mankind,  shocked  beyond  the  power  of  expres 
sion,  at  the  scene  I  have  witnessed  here  of  trying  a  Maniac  as  a  Male 
factor.  *  *  * 

"  The  learned  gentlemen  who  conduct  this  prosecution  have  attempted 
27 


40 


626 


WILLIAM    H.    SEWARD. 


to  show  that  the  prisoner  attended  the  trial  of  Henry  Wyatt,  whom  I 
defended  against  an  indictment  for  murder,  in  this  Court,  in  February 
last  ;  that  he  listened  to  me  on  that  occasion  in  regard  to  the  impunity 
of  crime,  and  that  he  went  out  a  ripe  and  complete  scholar.  So  far  aa 
these  reflections  affect  me  alone,  they  are  unworthy  of  an  answer.  I 
pleaded  for  \Vyatt  then,  as  it  was  my  right  and  my  duty  to  do.  Let 
the  counsel  for  the  people  prove  the  words  I  spoke,  before  they  charge 
me  with  Freeman's  crimes.  I  am  not  unwilling  those  words  should  be 
recalled.  I  am  not  unwilling  that  any  words  I  ever  spoke  in  any  re 
sponsible  relation  should  be  remembered.  Since  they  will  not  recall 
those  words,  I  will  do  so  for  them.  They  were  words  like  those  I 
speak  now,  demanding  cautious  and  impartial  justice  ;  words  appealing 
to  the  reason,  to  the  consciences,  to  the  humanity  of  my  fellow-men  ; 
words  calculated  to  make  mankind  know  and  love  each  other  better, 
and  adopt  the  benign  principles  of  Christianity,  instead  of  the  long- 
cherished  maxims  of  retaliation  and  revenge.  Regardless  as  I  have 
been  of  the  unkind  construction  of  my  words  and  actions  by  my  co 
temporaries.  I  can  say  in  all  humility  of  spirit,  that  they  are  freely  left 
to  the  ultimate,  impartial  consideration  of  mankind.  You  have  now 
the  fate  of  this  lunatic  in  your  hands.  To  him  as  to  me,  so  far  as  we 
can  judge,  it  is  comparatively  indifferent  what  be  the  issue.  For  aught 
that  we  can  judge,  the  prisoner  is  unconscious  of  danger,  and  would  be 
insensible  to  suffering,  let  it  come  when  it  might.  A  verdict  can  only 
hasten  or  retard,  by  a  few  months  or  year?,  the  time  when  his  bruised, 
diseased,  wandering  and  benighted  spirit,  shall  return  to  Him  who 
sent  it  forth  on  its  sad  and  dreary  pilgrimage. 

"  The  circumstances  under  which  this  trial  closes  are  peculiar.  I 
have  seen  capital  cases  where  the  parents,  brothers,  sisters,  friends  of 
the  accused,  surrounded  him,  eagerly  hanging  upon  the  lips  of  his  ad 
vocate,  and  watching,  in  the  countenances  of  the  court  and  jury,  every 
Biuile  and  frown  which  might  seem  to  indicate  his  fate.  But  there  is 
no  such  scene  here.  The  prisoner,  though  in  the  greenness  of  youth, 
is  withered,  decayed,  senseless,  almost  lifeless.  He  has  no  father  here. 
The  descendant  of  slaves,  that  father  died  a  victim  to  the  vices  of  a 
superior  race.  There  is  no  mother  here,  for  her  child  is  stained  and 


ADDRESS    TO    THE    JURY.  627 

polluted  with  the  blood  of  mothers  and  of  a  sleeping  infant ;  and  he 
'  looks  and  laughs  so  that  she  cannot  bear  to  look  upon  him,'  There  is 
no  brother,  or  sister,  or  friend  here.  Popular  rage  against  the  accused 
has  driven  them  hence,  and  scattered  his  kindred  and  people.  On  the 
other  side  I  notice  the  aged  and  venerable  parents  of  Van  Nest  and 
his  surviving  children,  and  all  around  are  mourning  and  sympathizing 
friends.  I  know  not  at  whose  instance  they  have  come.  I  dare  not 
say  they  ought  not  to  be  here.  But  I  must  say  to  you  that  we  live  in 
a  Christian  and  not  in  a  savage  state,  and  that  the  affliction  which  has 
fallen  upon  these  mourners  and  us,  was  sent  to  teach  them  and  us, 
mercy,  and  not  retaliation ;  that  although  we  may  send  this  maniac 
to  the  scaffold,  it  will  not  recall  to  life  the  manly  form  of  Van  Nest, 
nor  reanimate  the  exhausted  frame  of  that  aged  matron,  nor  restore  to 
life,  and  grace,  and  beauty,  the  murdered  mother,  nor  call  back  the 
infant  boy  from  the  arms  of  his  Savior.  Such  a  verdict  can  do  no  good 
to  the  living,  and  carry  no  joy  to  the  dead  If  your  judgment  shall  be 
swayed  at  all  by  sympathies  so  wrong,  although  so  natural,  you  will 
find  the  saddest  hour  of  your  life  to  be  that  in  which  you  will  look 
down  upon  the  grave  of  your  victim,  and  'mourn  with  compunctious 
sorrow,'  that  you  should  have  done  so  great  injustice  to  the  '  poor  hand 
ful  of  earth  that  will  lie  mouldering  before  you.' 

"  I  have  been  iong  and  tedious.  I  remember  that  it  is  the  harvest 
moon,  and  that  every  hour  is  precious  while  you  are  detained  from 
your  yellow  fields.  But  if  you  bhall  have  bestowed  patient  attention 
throughout  this  deeply  interesting  investigation,  and  shall  in  the  end 
have  discharged  your  duties  in  the  fear  of  God  and  in  the  love  of  truth, 
justly  and  independently,  you  will  have  laid  up  a  store  of  blessed 
recollections  for  all  your  future  days,  imperishable  and  inexhaustible." 

Mr.  Seward  has  been  more  or  less  actively  engaged 
in  his  professional  pursuits,  except  while  he  was  governor 
of  the  state,  ever  since  he  first  commenced  practice. 
During  his  residence  at  the  seat  of  government,  and 
in  the  intervals  of  relaxation  from  his  executive  duties, 


628  WILLIAM    H.    9EWABI>. 

he  went  back  to  the  fountains  of  legal  lore,  and  re 
freshed  and  reinvigorated  his  mind.  Opportunities  for 
study  and  reflection  were  afforded  him,  of  which  he 
carefully  availed  himself.  In  general  literature  he  be 
came  still  more  of  a  proficient,  and  he  added  a  great 
deal  to  his  stock  of  professional  learning.  When, 
therefore,  he  returned  to  the  bar,  in  1842,  he  brought 
with  him,  not  additional  experience,  but  improved 
mental  powers  and  capacity,  that  have  sustained  him, 
creditably  and  honorably,  on  occasions  such  as  he  had 
never  before  enjoyed  for  the  display  of  his  talents. 

He  now  stands,  confessedly,  in  the  front  rank  of  the 
members  of  the  New  York  bar ;  and  in  the  courts  of 
the  United  States  he  has  met  the  ablest  lawyers  in  the 
Union.  His  learning  and  accomplishments  have  ap 
peared  in  contrast,  not  unfavorably  to  him,  in  the  Su 
preme  Court  at  Washington,  with  those  of  Webster 
and  Clay,  of  Jones  and  Sergeant  and  Crittenden.  In 
his  contests  with  such  antagonists  his  intellectual  ener 
gies  have  been  severely  taxed,  but  each  new  trial 
seems  to  have  developed  increased  strength  and  power. 

Of  late  years  his  time  and  attention  have  been  taken 
up,  in  a  considerable  degree,  by  a  number  of  important 
causes  in  the  district  and  circuit  courts,  and  in  the 
Supreme  Court  of  the  United  States,  growing  out  of 
alleged  infringements  of  patents  for  inventions.  These 
he  has  managed  with  great  ability,  and  generally  with 
good  success.  At  the  Cayuga  circuit,  in  February, 
1846,  he  defended  Henry  Wyatt,  who  was  charged 


POLITICAL    COURSE.  •  629 

with  the  murder  of  a  fellow-convict  in  the  state  prison 
at  Auburn ;  and  in  1847,  he  argued  the  case  of  Jones 
against  Van  Zandt,  before  the  Supreme  Court  of  the 
United  States,  suit  having  been  brought  against  his 
client,  the  defendant,  to  recover  the  penalty,  under  the 
act  of  1793,  for  harboring  and  concealing  a  fugitive 
slave. 

While  Mr.  Seward  was  a  student  at  law,  his  political 
sympathies  were  with  the  republican  party,  and,  as  be 
tween  the  two  factions,  he  was  probably  more  friendly 
to  the  bucktails  than  to  their  opponents.  The  doc 
trines  of  which  Jefferson,  Madison,  and  Monroe  had 
been  the  representatives,  and  which  the  Clintons, 
Tompkins,  and  Van  Buren,  had  defended  in  the  state 
of  New  York,  were  those  which  he  was  led,  by  his 
early  associations,  to  espouse.  Admiration  of  the  per 
sonal  character  of  DeWitt  Clinton  he  always  cherished, 
and  after  his  removal  to  western  New  York,  when  he 
saw  the  practical  results  of  the  canal  policy  which  the 
former  had  advocated,  he  was  induced  to  adopt  the 
views  of  that  eminent  citizen  in  regard  to  internal  im 
provements,  and  they  have  ever  since  influenced  his 
political  course  and  conduct.  With  reference  to  the 
electoral  law  question  in  1824,  he  also  coincided  with 
Mr.  Clinton,  and  in  that  year  he  separated  from  the 
republican  party  of  the  state,  then  under  the  guidance 
of  Mr.  Van  Buren,  and  became  one  of  the  most  ardent 
supporters  of  his  distinguished  rival. 

Opposition  to  the  extension  of  slavery  in  the  United 


630  WILLIAM    B.    SEVVABD. 

States  beyond  its  original  limits,  and  to  the  increase  or 
strengthening  of  the  slave  power,  have  ever  been  car 
dinal  doctrines  in  the  political  creed  of  Mr.  Seward. 
His  opinions  on  this  subject  were  formed  during  the 
protracted  controversy  and  agitation  upon  the  admis 
sion  of  Missouri  into  the  Union,  and  subsequent  events, 
instead  of  modifying,  have  tended  to  confirm  them. 
He  then  thought  that  the  republicans  of  New  York  had 
manifested  too  much  subserviency  to  what  he  con 
sidered  Southern  dictation,  and,  rejecting  the  idea  that 
the  republican  party  of  the  North  was  the  natural 
ally  of  the  South,  he  was  not  disposed  to  make  further 
concessions.  What  had  been  already  conceded,  he 
was  willing  should  remain  undisturbed  ;  but  to  yield 
more,  he  thought  was  both  unwise  and  unnecessary. 

For  nearly  a  quarter  of  a  century  following  the  ad 
ministration  of  the  elder  Adams,  the  executive  power 
of  the  Union  had  been  in  the  hands  of  persons  residing 
in  the  slave-holding  states, — republicans,  indeed,  of  the 
straitest  sect,  but  inclined,  by  education  and  associa 
tion,  to  favor  the  section  of  the  confederacy  in  which 
they  had  always  resided,  and  its  peculiar  institutions. 
When,  therefore,  the  time  came  for  choosing  a  suc 
cessor  to  Mr.  Monroe,  among  the  number  of  those  who 
desired  that  a  change  should  be  made  in  this  respect, 
was  Mr.  Seward.  There  were  several  candidates  for 
the  presidency  brought  forward  by  their  respective 
friends  in  different  sections,  all  of  whom  claimed  to  be 
republicans.  The  views  and  measures  which  John 


SUPPORT  OF  JOHN  QUINCY  ADAMS.        631 

Quincy  Adams  was  understood  to  have  advocated  in 
the  cabinet  of  Mr.  Monroe,  particularly  as  they  favored 
a  more  liberal  construction  of  the  federal  constitution 
than  was  generally  tolerated  in  the  old  republican  party, 
received  the  hearty  approbation  of  Mr.  Seward  :  this 
concurrence  in  sentiment  was  followed  by  admiration 
for  the  man,  and  when  the  chances  and  changes  of  po 
litical  life  threw  them  together,  a  warm  attachment  was 
formed,  which  did  not  terminate  with  the  mortal  ex 
istence  of  his  friend,  but  still  clings,  undiminished  in 
force  and  intensity,  to  his  memory. 

During  the  entire  period  that  Mr.  Adams  served  in 
the  popular  branch  of  the  national  legislature,  subse 
quent  to  his  retirement  from  the  presidential  chair, 
Mr.  Seward  regarded  his  course  with  mingled  senti 
ments  of  love,  admiration,  and  reverence.  His  bold 
ness  in  opposing  the  extension  of  slavery,  and  in  de 
fending  the  right  of  petition  and  the  freedom  of  speech, 
and  the  tenacity  with  which  he  adhered  to  his  prin 
ciples,  established  a  common  bond  of  sympathy  that 
was  never  broken.  Though  they  may  have  differed 
upon  minor  points  of  detail  or  expediency, — where 
great  and  important  interests  were  at  stake,  affecting 
the  relations  of  the  non-slaveholding  states,  or  concern 
ing  the  rights  and  liberties  of  the  citizen,  whether  bond 
or  free,  their  aims  and  their  sympathies  pointed  in  the 
same  direction. 

In  the  summer  of  1843,  Mr.  Adams  visited  Lebanon 
Springs,  Saratoga,  and  Niagara  Falls,  by  the  Cham- 


WILLIAM    H.    SEWARD. 


plain  and  Canada  route  ;  and  on  his  return  to  Massa 
chusetts,  he  travelled  through  the  state  of  New  York, 
by  railroad,  from  Buffalo  to  Albany.  At  all  the  prin 
cipal  towns  and  cities  through  which  he  passed,  he  was 
welcomed  with  high  honors,  and  his  journey  became  a 
continued  ovation.  Mr.  Seward  was  selected  by  the 
citizens  of  Auburn,  without  distinction  of  party,  to  ad 
dress  the  venerable  sage  and  statesman  on  their  behalf, 
— a  duty  which  he  discharged  with  his  accustomed 
ability  and  eloquence. 

A  few  years  later,  and  all  that  was  mortal  of  the 
younger  Adams  was  laid  beside  his  father  in  the  burial- 
ground  at  Quincy.  One  of  the  first  to  do  honor  to  the 
dead,  and  to  lay  his  tribute  of  respect  upon  the  grave 
of  one  whom  all  delighted  to  honor,  was  his  political 
and  personal  friend,  Mr.  Seward.  Shortly  after  the 
decease  of  Mr.  Adams,  in  1848,  upon  the  invitation  of 
the  legislature  of  New  York,  the  former  pronounced  an 
admirable  eulogy  before  that  body,*  This  is  one  of 
the  happiest  efforts  of  his  genius,  and,  perhaps,  may 
with  justice  be  characterized  as  the  best  specimen  of 
his  style,  so  far  as  concerns  his  popular  addresses.  It 
is  a  labored  effort,  highly  ornate,  and,  in  some  of  its 
passages,  may  be  called  florid.  Yet  the  author  has  en- 
tirely  avoided  that  turgidity  of  manner  and  style  to 

*  Mr.  Seward  also  commenced  the  preparation  of  a  popular  memoir 
f  Mr.  Adams,  but  on  account  of  the  pressure  of  hi3  other  engage 
ments,  he  was  unable  to  finish  it.     It  was  afterwards  completed  by  a 
friend,  and  in  that  shape  was  published  at  Auburn. 


EULOGY  ON  THE  DEATH  OF  ADAMS.       633 

which  men  of  his  enthusiastic  temperament  and  acute 
sensibilities  are  inclined  to  be  partial,  and  from  which 
the  productions  of  his  pen  cannot  be  said  to  be  wholly 
exempt. 

The  whole  eulogy  is  beautiful,  impressive,  and  elo 
quent,  but  the  crowning  gem  is  the  conclusion,  in 
which  he  contrasts  the  career  and  death  of  Adams  with 
the  fate  of  Napoleon.  The  former,  he  said,  devoted 
himself  to  the  service  of  mankind,  from  motives  of 
beneficence,  and  at  every  period  of  his  varied  and  dis 
tinguished  career  was  content — whether  president, 
minister,  representative,  or  citizen.  He  then  continued  : 

"  Stricken  in  the  midst  of  this  service,  in  the  very  act  of  rising  to 
debate,  he  fell  into  the  arms  of  conscript  fathers  of  the  Republic.  A 
long  lethargy  supervened  and  oppressed  his  senses.  Nature  rallied 
the  wasting  powers,  on  the  verge  of  the  grave,  for  a  very  brief  period. 
But  it  was  long  enough  for  him.  The  rekindled  eye  showed  that  the 
re-collected  mind  was  clear,  calm,  and  vigorous.  His  weeping  family, 
and  his  sorrowing  compeers  were  there.  He  surveyed  the  scene  and 
knew  at  once  its  fatal  import.  He  had  left  no  duty  unperformed ;  he 
had  no  wish  unsatisfied  ;  no  ambition  unattained ;  no  regret,  no  sorrow, 
no  fear,  no  remorse.  He  could  not  shake  off  the  dews  of  death  that 
gathered  on  his  brow.  He  could  not  pierce  the  thick  shades  that  rose 
up  before  him.  But  he  knew  that  eternity  lay  close  by  the  shores  of 
time.  He  knew  that  his  Redeemer  lived.  Eloquence,  even  in  that 
hour,  inspired  him  with  his  ancient  sublimity  of  utterance.  '  THIS,' 
said  the  dying  man,  '  THIS  is  THE  END  OF  EARTH  ;' — he  paused  for  a 
moment,  and  then  added, — '  I  AM  CONTENT  !' — Angels  might  well  draw 
aside  the  curtains  of  the  skies  to  look  down  on  such  a  scene, — a  scene 
that  approximated  even  to  that  scene  of  unapproachable  sublimity,  not 
to  be  recalled  without  reverence,  when,  in  mortal  agony,  ONE  who 
spake  as  never  man  spake,  said — '  IT  is  FINISHED  !' 


(534  WILLIAM    H.    SEWARD. 

«  Only  two  years  after  the  birth  of  John  Quincy  Adams,  there  ap 
peared  on  an  island  in  the  Mediterranean  Sea,  a  human  spirit  newly 
born,  endowed  with  equal  genius,  without  the  regulating  qualities  of 
justice  and  benevolence  which  Adams  possessed  in  an  eminent  degree. 
A  like  career  opened  to  both— born  like  Adams,  a  subject  of  a  king— 
the  child  of  more  genial  skies,  like  him,  became  in  early  life  a  patriot 
and  a  citizen  of  a  new  and  great  Republic.    Like  Adams  he  lent  his 
service  to  the  State  in  precocious  youth,  and  in  its  hour  of  need,  and 
•won  its  confidence.    But  unlike  Adams  he  could  not  -wait  the  dull  de 
lays  of  slow  and  laborious,  but  sure  advancement.     He  sought  power 
by  the  hasty  road  that  leads  through  fields  of  carnage,  and  he  became, 
like  Adams,  a  supreme  magistrate,  a  Consul.    But  there  were  other 
Consuls.    He  was  not  content.    He  thrust  them  aside,  and  was  Consul 
alone.    Consular  power  was  too  short     He  fought  new  battles,  and 
was  Consul  for  life.    But  power,  confessedly  derived  from  the  people, 
must  be  exercised  in  obedience  to  their  will,  and  must  be  resigned  to 
them  again,  at  least  in  death.     He  was  not  content.     He  desolated 
Europe  afresh,  subverted  the  Republic,  imprisoned  the  patriarch  who 
presided  over  Rome's  comprehensive  See,  and  obliged  him  to  pour  on 
his  head  the  sacred  oil  that  made  the  persons  of  kings  divine,  and 
their  right  to  reign  indefeasible.    He  was  an  Emperor.     But  he  saw 
around  him  a  mother,  brothers,  and  sisters,  not  ennobled ;  whose  hum 
ble  state  reminded  him,  and  the  world,  that  he  was  born  a  plebeian  ; 
and  he  had  no  heir  to  wait  impatient  for  the  Imperial  Crown.    He 
scourged  the  earth  again,  and  again  fortune  smiled  on  him  even  in  his 
wild  extravagance.    He  bestowed  kingdoms  and  principalities  on  his 
kindred — put  away  the  devoted  wife  of  his  youthful  days,  and  another, 
a  daughter  of  Hapsburgh's  imperial  house,  joyfully  accepted  his  proud 
alliance.    Offspring  gladdened  his  anxious  sight ;  a  diadem  was  placed 
on  its  infant  brow,  and  it  received  the  homage  of  princes,  even  in  ita 
cradle.     Now  he  was  indeed  a  monarch — a  legitimate  monarch — a 
monarch  by  divine  appointment — the  first  of  an  endless  succession  of 
monarchs.     But  there  were  other  monarchs  who  held  sway  in  the 
earth.    He  was  not  content    He  would  reign  with  his  kindred  alone. 
He  gathered  new  and  greater  armies — from  his  own  land— from  subju- 


EULOGY  ON  THE  DEATH  OE  ADAMS.       635 

gated  lands.  He  called  forth  the  young  and  brave— one  from  every 
household— from  the  Pyrenees  to  Zuyder  Zee— from  Jura  to  the  ocean. 
He  marshalled  them  into  long  and  majestic  columns,  and  went  forth  to 
seize  that  universal  dominion,  which  seemed  almost  within  his  grasp. 
But  ambition  had  tempted  fortune  too  far.  The  nations  of  the  earth 
resisted,  repelled,  pursued,  surrounded  him.  The  pageant  was  ended. 
The  crown  fell  from  his  presumptuous  head.  The  wife  who  had  wed 
ded  him  in  his  pride,  forsook  him  when  the  hour  of  fear  came  upon 
him.  Hia  child  was  ravished  from  his  sight.  His  kinsmen  were  de 
graded  to  their  first  estate,  and  ho  was  no  longer  Emperor,  nor  Consul, 
nor  General,  nor  even  a  citizen,  but  an  exile  and  a  prisoner,  on  a  lonely 
island  in  the  midst  of  the  wild -Atlantic.  Discontent  attended  him 
there.  The  wayward  man  fretted  out  a  few  long  years  of  his  yet  un 
broken  manhood,  looking  off  at  the  earliest  dawn  and  in  evening's  latest 
twilight,  towards  that  distant  world  that  had  only  just  eluded  his 
grasp.  His  heart  corroded.  Death  came,  not  unlooked  for,  though  it 
came  even  then  unwelcome.  He  was  stretched  on  his  bed  within  the 
fort  which  constituted  his  prison.  A  few  fast  and  faithful  friends  stood 
around,  with  the  guards  who  rejoiced  that  the  hour  of  relief  from  long 
and  wearisome  watching  was  at  hand.  As  his  strength  wasted  away, 
delirium  stirred  up  the  brain  from  its  long  and  inglorious  inactivity.  The 
pageant  of  ambition  returned.  He  was  again  a  Lieutenant,  a  General, 
a  Consul,  an  Emperor  of  France.  He  filled  again  the  throne  of  Char 
lemagne.  His  kindred  pressed  around  him  again,  reinvested  with  the 
pompous  pageantry  of  royalty.  The  daughter  of  the  long  line  of  kings 
again  stood  proudly  by  his  side,  and  the  sunny  face  of  his  child  shone 
out  from  beneath  the  diadem  that  encircled  its  flowing  locks.  The 
marshals  of  the  Empire  awaited  his  command.  The  legions  of  the  Old 
Guard  were  in  the  field,  their  scarred  faces  rejuvenated,  and  their 
ranks,  thinned  in  many  battles,  replenished.  Russia,  Prussia,  Austria, 
Denmark,  and  England,  gathered  their  mighty  hosts  to  give  him  bat 
tle.  Once  more  he  mounted  his  impatient  charger,  and  rushed  forth  to 
conquest.  He  waved  his  sword  aloft,  and  cried  "  TETK  D'ARMEE  !" 
The  feverish  vision  broke — the  mockery  was  ended.  The  silver  cord 


636  WILLIAM    H.    SEWARD. 

was  loosed,  and  the  warrior  fell  back  upon  his  bed  a  lifeless  corpse. 

THI8  WAS  THE  END  OF  EARTH.      THE  CORSICAN  WAS  NOT   CONTENT. 

"  STATESMEN  AND  CITIZENS  !  the  contrast  suggests  its  own  impressive 
moral." 

Mr.  Seward  supported  Mr.  Adams  in  the  presidential 
contest  of  1824,  and  approved  of  all  the  prominent 
measures  of  his  administration.  The  policy  which 
Mr.  Adams  and  Mr.  Clay  advocated  at  Washington, 
found  in  him  an  able  and  zealous  defender.  He  con 
sidered  the  Panama  Mission  one  of  sympathy  and  en 
couragement  to  the  South  American  states  who  had 
thrown  off  the  yoke  of  their  foreign  rulers,  and  as  such 
deserving  the  hearty  approval  of  every  sincere  friend 
of  liberty.  He  regarded  the  American  system  with 
favor ;  and  he  became  the  warm  advocate  of  a  protec 
tive  tariff,  and  of  a  liberal  system  of  internal  improve 
ments  to  be  conducted  and  carried  on  by  the  general 
government. 

Among  the  Adams'  men  and  Clintonians  in  the 
county  of  Cayuga,  Mr.  Seward  was  conspicuous,  with 
in  a  short  time  after  he  took  up  his  residence  at  Auburn. 
Ardent  in  his  attachments,  talented,  energetic,  perse 
vering  and  enthusiastic,  he  was  a  desirable  accession 
to  any  party  ;  and  in  respect  of  position  and  influence, 
he  soon  stood  in  the  foremost  rank  of  his  political 
friends  and  associates.  They  were  in  the  minority, 
however,  in  the  county,  whose  politics  received  their 
tone  in  a  great  degree  from  Mr.  Throop  ;  and  had  he 
desired  official  honors  and  distinctions,  it  would  have 


NOMINATED    FOR    SURROGATE.  637 

been  impossible  to  secure  them  except  they  were  at 
the  disposal  of  the  state  government. 

At  the  request  of  his  friends,  he  consented  to  become 
an  applicant  for  the  office  of  Surrogate,  in  the  fall  of 
1827  ;  and  during  the  extra  session  of  the  legislature, 
he  was  nominated  for  that  office  by  Governor  Clinton. 
It  was  well  understood,  at  this  time,  by  the  leading 
politicians  in  the  state,  that  Mr.  Clinton  was  decided 
in  his  opposition  to  Mr.  Adams,  and  that  he  had  deter 
mined  to  support  General  Jackson  at  the  ensuing  presi 
dential  election.  Most  of  the  nominations  which  he 
made  were  more  or  less  influenced  by  this  considera 
tion  ;  yet  he  was  by  no  means  disposed  to  forget  the 
friends  who  had  stood  by  him  so  long  and  so  faithfully 
in  the  crisis  of  his  fortunes,  even  though  they  disagreed 
wdth  him  upon  national  questions.*'  Still,  it  does  not 
appear  that  many  regrets  were  ever  expressed  by  him, 
or  those  whom  he  admitted  to  his  confidence,  because 
his  nominations  were  so  frequently  rejected  by  the 
Bucktail  majority  in  the  Senate. 

In  1827,  a  very  large  proportion  of  the  members  of 
the  Senate  were  Bucktails,  and  most  of  them,  too,  were 
Jackson  men,  and  thoroughly  devoted  to  Mr.  Van  Bu- 
ren.  The  appointment  of  Mr.  Seward,  whose  par 
tiality  for  Mr.  Adams  was  never  concealed,  was  op- 

*  In  the  eastern  part  of  the  state  there  were  many  Clintonian  Jack 
son  men,  but  there  -were  very  few  in  western  New  York ;  and,  in  his 
nominations  for  that  section  of  the  state,  Mr.  Clinton  was  generally 
obliged  to  select  Adams  men. 


638  WILLIAM    H.    SEWARD. 

posed  by  the  friends  of  Mr.  Van  Buren  and  Mr.  Throop 
in  Cayuga  county,  and,  consequently,  the  Senate  re 
fused  to  concur  in  the  nomination.  Governor  Clinton 
made  a  second  nomination,  but  this  shared  the  same 
fate,  and  after  his  death,  the  acting  governor,  Mr.  Pit 
cher,  who  was  a  Jackson  man,  conferred  the  office  on 
John  Porter,  then  and  subsequently  a  prominent  demo 
crat  in  the  county. 

The  canvass  for  the  presidency,  in  1828,  commenced 
early  in  New  York.  The  electors  were,  for  the  first 
time,  to  be  chosen  by  the  popular  suffrage,  and,  there 
fore,  a  far  deeper  interest  in  the  issue  of  the  contest 
was  manifested  by  the  voters  in  the  state.  Among  the 
young  men  belonging  to  both  political  parties,  this 
feeling  exhibited  itself  in  a  manner  previously  unknown. 
They  held  separate  county  and  state  conventions,  and 
although  they  did  not  assume  to  make  nominations, 
they  indorsed  those  of  their  seniors,  and  adopted  plans 
of  action  calculated  to  secure  unity  of  effort,  to  arouse 
the  energies  of  their  ^  respective  parties,  and  to  bring 
out  their  whole  strength  at  the  polls.  The  state  con 
vention  of  the  young  men  attached  to  the  national  re 
publican  party  was  the  first  of  the  kind  ever  held  in 
the  state.  It  was  a  numerous  assemblage,  consisting 
of  over  four  hundred  delegates,  and  it  remained  several 
days  in  session. 

Mr.  Seward  was  a  delegate  from  the  county  of 
Cayuga,  and  was  chosen  president  of  the  convention. 
It  was  the  object  of  himself  and  his  associates  to  aid 


YOUNG  MEN'S  STATE  CONVENTION.       639 

in  the  reelection  of  Mr.  Adams,  and  to  sustain  Mr. 
Clay,  whose  political  fortunes  were  then  identified  with 
those  of  the  chief  magistrate.  They  were  unsuccessful, 
however ;  the  administration  party  was  defeated,  and 
Mr.  Adams  gave  place  to  General  Jackson.  But  the 
convention  was  not  entirely  futile  or  ineffectual.  It 
called  out  from  the  quiet  pursuits  of  agriculture,  from 
the  avocations  of  a  professional  or  mercantile  life,  a 
large  number  of  intelligent,  energetic,  and  efficient 
young  men ;  it  brought  them  into  action  ;  it  made 
them  more  intimately  acquainted  with  each  other,  and 
quickened  and  aroused  feelings  of  honorable  emulation. 
They  had  youth,  enthusiasm,  and  ambition.  One  fail 
ure  did  not  dishearten  them,  but  they  continued  to 
persevere  till  success  crowned  their  exertions.  Their 
influence  was  soon  felt  in  the  politics  of  the  state  and 
nation  ;  under  their  auspices,  and  in  great  part  through 
their  instrumentality,  the  whig  party  of  the  union  was 
formed;  and  at  the  expiration  of  a  single  decade,  the 
youthful  delegate  who  presided  in  this  convention  of 
young  men,  became  the  governor  of  New  York. 

It  would  scarcely  be  proper  to  say  that  Mr.  Seward 
was  an  original  antimason  ;  that  is,  he  was  not  one  of 
those  who  first  attempted  to  make  this  a  test  question 
at  the  polls.  Yet,  as  a  member  of  the  community,  he 
felt  outraged  at  the  abduction  and  probable  murder  of 
Morgan,  and  he  heartily  sympathized  with  the  anti ma 
sons  in  their  efforts  to  put  down  an  institution  which 
he  believed  to  be  objectionable  in  its  character  and 


(540  WILLIAM    II.    SEWARD. 

dangerous  in  its  tendency.  His  motives,  it  is  claimed 
by  his  friends,  were  pure  and  patriotic,  and  his  opinions 
were  honestly  entertained. 

He  made  no  concealment  of  his  views  with  reference 
to  the  Morgan  conspiracy  and  the  masonic  institution, 
and  it  was  well  known  in  1828  that  he  was  an  anti- 
mason  in  sentiment,  though  he  continued  to  act  with 
the  Adams  party  proper.  The  antimasons  in  the 
county  of  Cayuga  supported  a  separate  ticket  at  the 
fall  election  in  that  year,  and  Mr.  Seward  was  nomi 
nated,  in  the  first  place,  as  their  candidate  for  Congress. 
The  nomination  was  entirely  unsolicited  on  his  part, 
and  as  he  felt  bound  to  support  the  candidates  brought 
forward  by  his  old  political  friends,  he  promptly  de 
clined  it.  He  voted  for  the  national  republican  ticket, 
being  influenced  in  his  course  by  general  political  con 
siderations  ;  but,  at  the  same  time,  he  felt  well  assured 
that  the  candidates  whom  he  supported  coincided  with 
him,  in  opinion,  in  regard  to  anti masonry. 

After  the  defeat  of  Mr.  Adams  in  1828,  the  national 
republican  party  in  the  western  counties  of  New  York 
was  virtually  disbanded.  Mr.  Van  Buren  and  his 
friends  were  now  in  power,  and  though  they  did  not 
attempt  to  shield  the  abductors  of  Morgan  from  pun 
ishment,  they  refused  to  take  ground  as  party  men 
against  the  masonic  institution.  The  national  repub 
licans,  therefore,  in  western  New  York,  who  thought 
with  Mr.  Seward,  naturally  united  with  the  antimasons. 

From  this  period  we  may  date  Mr.  Seward's  con- 


ANTIMASONRY.  641 

nection  with  the  antimasonic  party  as  a  political  or 
ganization.  This  party,  at  the  beginning,  was  a  pow 
erful  one,  in  numbers  as  well  as  in  influence,  in  the 
section  of  the  state  where  it  may  be  said  to  have 
originated  ;  and  it  presented  in  its  leaders  a  strong 
array  of  names,  then  conspicuous  in  talents  and  posi 
tion,  and  who  afterward  became  distinguished  in  the 
politics  of  the  country.  Among  them  was  Mr.  Sew- 
ard,  and  for  his  associates  and  coadjutors,  he  had  such 
men  as  Millard  Fillmore,  who  now  fills  the  office  of 
President  of  the  United  States,  Francis  Granger,  Wil 
liam  H.  Maynard,  Frederick  Whittlesey,  Bates  Cooke, 
and  Thurlow  Weed. 

Liberal  accessions  from  both  the  two  great  parties 
swelled  the  antimasonic  party  to  very  respectable  pro 
portions.  From  the  fact  that  the  democrats  were  in 
power,  and  refused  to  adopt  the  measures  which  the 
former  proposed  for  the  complete  overthrow  of  the 
masonic  society,  they  were  naturally  led  to  sympathize 
with  the  Adams  and  Clay  men,  or  the  national  repub 
licans.  Toward  Mr.  Adams,  indeed,  the  antimasons 
were  quite  partial,  but  much  less  so  toward  Mr.  Clay, 
because  he  was  a  mason.  For  several  years,  the  op 
position  party  in  western  New  York,  and  in  one  or 
two  of  the  eastern  counties,  was  the  antimasonic  party; 
and  in  the  other  sections  of  the  state  the  national  re 
publicans  composed  the  opposition  to  the  democratic 
national  and  state  administrations.  In  some  counties 
the}r  occasionally  acted  in  concert  upon  the  local 


41 


642  WILLIAM    H.    SEWARD. 

tickets,  and  in  1830  they  supported  the  same  candidates 
for  governor  and  lieutenant-governor.  Mr.  Seward 
favored  the  union  of  the  national  republicans  and  anti- 
masons  at  an  early  day,  though  this  was  never  effected 
till  1832,  when  most  of  the  national  republicans  who 
were  adhering  masons,  or  still  attached  in  feeling  to 
the  institution,  separated  from  their  former  friends  and 
joined  the  Jackson  party. 

At  the  annual  election  in  1829,  the  national  repub 
licans  and  antimasons  in  western  New  York  supported 
different  candidates  in  many  instances,  and,  conse 
quently,  were  defeated  where  they  would  otherwise 
have  been  successful ;  but  in  1830,  they  profited  by 
the  experience  of  the  past,  and  united  both  upon  the 
state  ticket,  and,  generally,  upon  the  local  tickets. 
Mr.  Seward  was  a  delegate  to  the  anti masonic  state 
nominating  convention  of  that  year,  from  the  county 
of  Gayuga.  He  also  received  the  nomination  of  his 
party  for  state  Senator  from  the  seventh  district,  com 
prising  the  counties  of  Onondaga,  Cayuga,  Seneca, 
Ontario,  Wayne,  and  Yates.  This  honor  was  confer 
red  upon  him  without  solicitation  on  his  part,  and,  in 
deed,  without  his  knowledge,  as  he  was  absent  from 
home  at  the  time  of  the  assembling  of  the  senatorial 
convention. 

The  administration  party  presented  a  popular  candi 
date,  in  the  person  of  David  McNeil  of  Ontario  county  ; 
and  it  was  evident  that  the  success  of  Mr.  Seward 
would  depend  wholly  upon  the  union  of  the  antima- 


ELECTED    TO    THE    STATE    SENATE.  643 

sons  and  national  republicans  in  his  support.  In 
1828,  the  district  had  given  a  majority  of  fifteen  hun 
dred  for  the  Adams  candidate,  who  received  the  votes 
of  the  antimasons;  but  in  1829,  there  were  three 
tickets,  and  the  democrats  elected  their  Senator  by 
three  thousand  majority  over  the  highest  of  his  oppo 
nents.  In  1830,  however,  the  national  republicans  in 
the  district  were  almost  entirely  merged  in  the  antima- 
sonic  party,  and  Mr,  Seward  received  the  united  vote 
of  the  opposition.  This  secured  his  election,  by  a  ma 
jority  of  two  thousand  over  the  democratic  candidate. 
Though  Mr.  Seward  had  received  the  support  of  the 
Adams  and  Clay  men  in  his  district,  he  was  none  the 
less  an  antimason.  So  far  from  this,  he  was,  perhaps^ 
too  enthusiastic  in  the  avowal  of  his  opinions  :  it  is  in 
the  nature  of  youth  to  be  frank  and  ingenuous,  and, 
oftentimes,  to  exhibit  more  of  ardor  and  impulsiveness 
than  the  occasion  properly  demands.  He  was  a  dele 
gate  to  the  state  antimasonic  convention  held  at  Albany 
in  February,  1831,  and  was  prominent  in  the  discus 
sions  which  formed  no  inconsiderable  part  of  its  pro 
ceedings  ;  on  this  occasion  he  stated  that,  in  his 
opinion,  a  mason  was  one  and  the  same  thing  with  an 
adhering  mason,  and  that  he  was  ready  to  pledge  him 
self  not  to  vote  for  an  adhering  mason.  Such,  no 
doubt,  were  the  real  sentiments  of  his  heart,  cherished 
in  all  sincerity,  and  his  character  as  a  politician  affords 
the  assurance  that  he  would  not  have  forgotten  them 
at  the  polls. 


644  WILLIAM    H.    SEWARD. 

While  still  in  his  thirtieth  year,  he  took  his  seat  in 
the  New  York  Senate,  at  the  commencement  of  the 
annual  session  of  the  legislature,  in  January,  183L 
He  found  the  administration  party  in  a  large  majority 
in  both  houses,  and  in  the  Senate  there  were  but  very 
few  of  his  own  political  faith.  In  point  of  talent,  also, 
that  body  was  highly  respectable.  Among  its  promi 
nent  members  were  Nathaniel  P.  Tallmadge,  William 
H.  Maynard,  John  W.  Edmonds,  Albert  H.  Tracy, 
Levi  Beardsley,  and  Henry  A.  Foster  :  they  were  ac 
tive  and  influential  politicians,  and  highly  distinguished 
themselves  while  in  the  Senate.  Notwithstanding  his 
youth  and  inexperience,  Mr.  Seward  possessed  abilities 
that  were  well  adapted  to  a  legislative  career,  and  his 
knowledge  of  men  and  things  had  been  materially  im 
proved  by  a  tour  in  Europe,  where  he  had  compared 
the  conservatism  of  the  Old  world,  its  matured  states 
manship  and  its  time-worn  institutions,  with  the  ex 
panding  energies,  the  new-formed  systems,  and  the 
progressive-ism  of  the  New.  With  his  brilliant  quali 
ties,  with  a  political  tact  and  shrewdness  beyond  his 
years,  with  eloquence,  enthusiasm,  and  ambition,  he 
could  scarcely  fail  of  securing  for  himself  an  honorable 
position  even  among  those  of  high  talents  and  char 
acter. 

His  situation,  perhaps,  was  peculiarly  favorable  for 
the  display  of  his  powers,  and  for  acquiring  popularity. 
To  be  in  the  front  rank  of  a  small  minority  may  not 
always  be  an  indication  of  talent ;  but  this  was  an  ex- 


COURSE    IN    THE    LEGISLATURE.  645 

citing  period  in  politics,  the  administration  party  was 
represented  in  the  state  Senate  by  its  most  talented  men, 
and  had  not  Mr.  Seward  possessed  first-rate  abilities, 
he  would  have  been  unable  to  maintain  himself  and 
the  interests  of  his  party,  in  the  manner  he  did,  against 
such  odds.  With  Mr.  Maynard  and  Mr.  Tracy,  he 
bore  the  whole  brunt  of  attack.  They  led  the  little 
opposition  phalanx  in  the  legislature,  not,  indeed,  to 
victory ;  but  they  kept  its  inharmonious  elements  to 
gether  till  they  were-  thoroughly  interfused,  and  a  new 
party  was  formed  from  their  combination. 

A  reference  to  the  legislative  history  of  the  state, 
during  the  four  years  of  Mr.  Seward's  service  in  the 
Senate,  will  show  that  he  took  an  active  and  promi 
nent  part  in  all  the  debates,  and  that  his  course  was 
guided  by  the  same  general  views  and  principles  with 
reference  to  questions  of  public  policy,  which  have 
since  governed  his  action  as  a  politician.  He  sup 
ported  the  laws  abolishing  imprisonment  for  debt, 
ameliorating  prison  discipline,  and  establishing  a  sepa 
rate  penitentiary  for  female  convicts.  He  also  favored 
the  extension  of  the  internal  improvement  system  of 
the  state,  and  the  enlargement  of  the  foundations  for 
educational  and  charitable  purposes. 

He  was  originally  friendly  to  the  construction  of  the 
Chenango  canal,  and  supported  the  bill  which  passed 
the  Senate  in  March,  1832.  He  voted,  however, 
against  the  act  of  1833,  under  which  this  work  was 
finally  commenced,  as  did  most  of  the  members  of  the 


WILLIAM    H.    SEWARI>. 

legislature  from  western  New  York,  because  a  new 
feature  had  been  added  to  it,  to  render  it  acceptable  to 
Governor  Marcy,  providing  that  if  the  sum  appropriated 
should  not  be  sufficient  to  complete  the  canal,  the  defi 
ciency  should  be  made  up  out  of  the  canal  fund.  This, 
as  Mr.  Seward  and  those  who  voted  with  him  thought, 
was  making  the  Erie  and  Champlain  canals  pay  for 
the  proposed  work,  and,  therefore,  unjust  to  the  people 
living  upon  those  great  thoroughfares,  who  were  then,  in 
anticipation  of  the  payment  of  the  original  canal  debt, 
looking  for  a  considerable  reduction  in  the  tolls. 

Mr.  Seward  was  one  of  the  earliest  friends  of  the 
New  York  and  Erie  railroad  ;  yet  he  opposed  the  bill 
authorizing  a  survey  of  the  route  by  the  state,  not  from 
any  want  of  friendship  for  the  project,  but  for  the 
reason  that  it  was  a  private  enterprise,  and  he  thought 
it  should  be  sustained  and  conducted  by  private  means. 

In  1833,  it  was  proposed  to  amend  the  state  consti 
tution  so  as  to  authorize  the  salt  and  auction  duties  to 
be  transferred  from  the  canal  fund  to  the  general  fund. 
This  diversion  of  the  important  revenues  set  apart  for 
the  payment  of  the  Erie  and  Champlain  canal  debt, 
Mr.  Seward  earnestly  opposed,  yet  be  voted  for  a  re 
duction  of  the  duties. 

While  in  the  Senate,  he  advocated  the  principle  of 
making  the  stockholders  in  commercial  companies  per 
sonally  liable  for  company  debts,  but  did  not  favor  its 
extension  to  other  stock  associations  He  opposed  the 
increase  of  the  salaries  of  the  higher  judicial  officers  in 


UNITED    STATES    BANK    QUESTION.  647 

the  state,  and  through  his  instrumentality  important 
modifications  were  made  in  the  law  respecting  the  ju 
risdiction  of  surrogates.  To  the  safety  fund  law  he 
was  never  friendly,  and  he  voted  for  but  few  bank 
charters  He  also  opposed  the  loan  law  recommended 
by  Governor  Marcy,  in  1834,  and  voted  against  it. 

National  questions  of  high  importance  were  promi 
nent  topics  of  discussion,  during  the  whole  time  he  was 
a  member  of  the  Senate.  Like  most  of  the  original 
Adams  men  who  became  antimasons,  he  approved  of 
the  course  and  policy  of  the  opposition  members  of 
Congress.  He  believed  a  national  bank  to  be  both 
constitutional  and  necessary,  and  advocated  the  re- 
charter  in  1832.  Upon  the  resolutions  of  instruction 
which  passed  the  legislature  at  that  session,  he  made 
an  able  speech  in  favor  of  the  bank.  At  the  session  of 
1834,  he  again  defended  that  institution,  and  condemned 
the  removal  of  the  deposits.  One  of  his  best  speeches 
was  delivered  on  this  question.  It  occupied  parts  of 
two  days,  the  16th  and  17th  of  January,  and  was  de 
cidedly  the  ablest,  as  it  was  the  leading  speech  made 
on  that  side  during  the  session. 

When  the  nullification  question  came  up,  he  cor 
dially  supported  the  measures  of  General  Jackson.  On 
the  16th  of  February,  1833,  he  spoke  with  great  ability 
in  defence  of  a  series  of  resolutions  introduced  by  him 
self,  as  a  substitute  for  others  less  explicit,  declaring 
that  Congress  ought  to  be  governed  by  a  strict  con* 
struction  of  the  powers  intrusted  to  the  general  gov- 


648  WILLIAM    H.    SEWARD. 

ernment ;  and  that  the  president,  in  his  proclamation, 
had  advanced  the  true  principles,  on  which  alone  the 
constitution  of  the  country  could  be  maintained  and 
defended.  His  resolutions  were  not  substituted,  and 
he  then  voted  for  those  previously  offered,  which  ap 
proved,  generally,  of  the  doctrines  of  the  proclamation, 
and  advised  a  reasonable  and  equitable  modification  of 
the  tariff. 

In  the  spring  of  1832,  Mr.  Seward  was  supported 
by  his  political  friends,  as  their  most  popular  man,  for 
supervisor  of  Auburn,  but  he  was  overborne  by  the 
strong  administration  majority  in  the  town,  though  his 
competitor,  a  brother  of  Governor  Throop,  was  elected 
by  less  than  the  average  vote  of  the  democratic  ticket. 
A  few  years  afterward,  the  administration  party  lost 
their  influence  in  the  town,  in  great  part  through  the 
exertions  of  Mr.  Seward,  and  a  large  majority  of  the 
voters  have  ever  since  identified  themselves  with  his 
fortune  and  fame. 

As  a  member  of  the  Court  of  Errors  he  was  not  less 
conspicuous  than  in  his  character  as  a  legislator.  He 
took  an  important  and  responsible  part  in  the  delib 
erations  of  the  court,  and  his  opinions  reflect  the  high 
est  credit  upon  his  learning  and  ability  as  a  lawyer. 

By  the  death  of  Mr.  Maynard  in  1832,— an  event 
which  may  be  said  to  have  happened  opportunely  as 
respected  the  political  fortunes  of  Mr.  Seward,— the 
latter  became  the  champion  and  leader  of  the  antima- 
sonic,  or  opposition  party,  in  the  legislature.  Mr.  Tracy 


COURSE  IN  REGARD  TO  MR.  CLAY.        649 

was  still  in  the  Senate,  but  he  leaned  over  to  the  ad 
ministration  on  several  important  measures,  and  his 
influence  was  naturally  more  limited  than  his  unques 
tioned  talents  might  otherwise  have  secured.  The 
principal  burden  of  defending  the  views  and  proceed 
ings  of  his  party  friends,  and  of  combatting  the  policy 
of  the  administration,  devolved  upon  Mr.  Seward. 
His  task  seemed  as  difficult,  and  sometimes  as  hopeless, 
too,  as  that  of  Sisyphus,  but  he  acquitted  himself  well 
and  manfully,  and  persevered  in  laying  broad  and  deep 
that  platform  of  opposition  upon  which  the  whig  party 
afterward  achieved  its  triumphs. 

In  1832,  Mr.  Seward  supported  the  coalition  electoral 
ticket,  but  his  preferences  were  well  understood  to  be 
favorable  to  the  election  of  Mr.  Wirt,  the  antimasonic 
candidate,  instead  of  Mr.  Clay,  though  he  would, 
doubtless,  have  rejoiced  at  the  success  of  the  latter 
over  General  Jackson.  It  is  very  questionable,  indeed, 
whether  Mr.  Clay  was  ever  his  first  choice  for  the 
presidency,  though  he  has  supported  him  in  good  faith 
as  the  candidate  of  his  party.  In  his  speech  on  the 
removal  of  the  deposits,  in  1834,  he  said  that  Mr.  Clay 
could  never  be  his  choice  for  president,  much  as  he 
admired  his  talents  and  accomplishments.  This  re 
mark  was  made,  with  more  especial  reference  to  the 
fact  that  that  eminent  statesman  had  been  a  mason, 
high  in  rank,  and  had  never  seceded  from  the  order, 
though  for  many  years  not  an  active  member ;  but  it 
has  never  been  recalled,  and  the  course  of  Mr.  Seward 
28 


650  WILLIAM    H.    SEWARD. 

would  indicate  that  he  has  ever  since  entertained  the 
same  sentiments. 

When  the  members  of  the  masonic  fraternity  sur 
rendered  their  charters,  they  gave  up  the  contest 
against  the  antimasons,  and  there  was  nothing  left  for 
the  latter  to  strive  for.  They  found,  too,  that  the  prin 
ciple  of  opposition  to  secret  societies,  which  constituted 
the  cardinal  doctrine  of  their  creed,  could  not  be  sus 
tained.  Antimasonry  had  accomplished  its  work  in 
counteracting  the  dangerous  tendencies  of  the  masonic 
society,  and  its  mission  was  now  fulfilled. 

A  large  number  of  masons  and  their  friends  had 
joined  the  democratic  party,  during  the  excitement  on 
this  question,  but  their  political  sympathies  and  affini 
ties  were  with  Mr.  Clay  and  the  national  republicans 
of  the  Union,  and  as  the  financial  policy  of  General 
Jackson  began  to  be  developed,  they  commenced  re 
turning  to  their  first  love.  The  veto  of  the  bank  and 
the  removal  of  the  deposits,  furnished  reasons  and  oc 
casions  for  rejoining  their  old  political  friends,  but  this 
they  were  unwilling  to  do  under  the  banner  of  political 
antimasonry. 

Most  of  the  leaders  of  the  antimasonic  organization, 
like  Mr.  Seward,  were  originally  Adams'  men,  and  it 
was  easy  for  them  to  come  to  an  understanding  with 
the  prominent  national  republicans  in  the  state.  A 
considerable  proportion  of  the  rank  and  file  of  the  anti- 
masonic  party  had  been  Bucktails,  but  the  violence 
and  animosity  that  characterized  the  struggles  through 


FORMATION    OF    THE    WHIG    PARTY.  651 

which  they  had  passed,  had  bound  them  more  closely 
together  ;  they  had  shared  in  danger  and  defeat ;  and 
associations  and  attachments  had  been  formed  which 
proved  stronger  than  the  political  prejudices  that  time 
had  now  softened  down  or  removed.  Their  organiza 
tion  was  perfect ;  they  moved  and  acted  together  as 
one  man ;  and  they  cheerfully  followed  their  leaders 
when  the  union  was  effected  with  the  national  repub 
licans.  The  coalition  of  1832,  however,  was  not 
entire  nor  complete,  but  it  paved  the  way  for  a  more 
perfect  union  in  the  winter  of  1834.  The  two  parties 
were  then  combined  ;  and  in  order  to  satisfy  both,  their 
former  designations  were  dropped,  and  the  new  party 
assumed  the  name  of  "  whigs." 

In  the  formation  of  the  whig  party,  Mr.  Seward  was 
one  of  the  chief  instruments,  and  by  general  consent  a 
high  place  was  accorded  to  him  in  the  front  rank  of 
those  who  guided  its  movements  and  controlled  its 
destinies.  When  the  time  came  for  presenting  candi 
dates  for  the  gubernatorial  election  in  1834,  some  di 
versity  of  opinion  was  evinced  in  the  whig  ranks. 
Francis  Granger  and  John  C.  Spencer  had  hitherto 
been  regarded  as  the  leaders  of  the  opposition  party  in 
the  state,  but  the  successive  defeats  of  the  former,  it 
was  feared,  would  dampen  the  ardor  of  his  political 
friends  if  his  name  should  be  again  presented,  and  the 
impracticability  of  Mr.  Spencer's  temperament  con 
stituted,  as  many  thought,  an  insuperable  objection  to 
his  selection  as  the  candidate  for  governor.  A  very 


WILLIAM    H.    SEWARD. 

general  desire,  therefore,  was  expressed  in  favor  of  the 
adoption  of  a  new  candidate,  and  as  the  ability  dis 
played  by  Mr.  Seward  at  the  legislative  session  of  1834 
had  attracted  the  general  attention  of  his  party,  their 
preferences  seemed  finally  to  settle  upon  him.  He  was 
accordingly  nominated  at  the  whig  state  convention, 
and  Silas  M.  Stilwell,  of  New  York  city,  was  selected 
for  the  second  office. 

Mr.  Seward  was  still  a  very  young  man,  being  of 
the  same  age  with  Governor  Tompkins  when  first 
elected  to  the  chief  magistracy  of  the  state,  and  he  had 
the  warm  and  zealous  sympathies  of  the  young  men  of 
his  party.  His  popularity  was  great,  and  in  view  of 
the  dissatisfaction  which  prevailed  on  account  of  the 
removal  of  the  deposits,  and  the  temporary  pressure  in 
the  money  market,  there  were  reasonable  grounds  for 
anticipating  his  success.  But  the  interest  of  the  state 
banks  was  now  arrayed  on  the  side  of  the  administra 
tion,  ad  their  influence  contributed  a  great  deal  to 
the  defeat  of  the  whigs.  The  vote  of  Mr.  Seward  was 
above  the  average  of  his  ticket,  but  his  opponent,  Gov 
ernor  Marcy,  was  reflected  by  nearly  thirteen  thou 
sand  majority. 

At  the  close  of  his  senatorial  term,  Mr.  Seward  de 
voted  himself  with  still  greater  assiduity  to  the  practice 
of  his  profession,  and  with  a  measure  of  success  pro 
portioned  to  his  industry  and  abilities.  He  subsequently 
accepted  an  appointment  as  agent  of  the  Holland  Land 
Company,  and  took  charge  of  their  office  at  Westfield. 


ELECTED    GOVERNOR.  653 

Difficulties  having  arisen  between  the  Company  and 
the  occupants  of  the  lands,  he  afterward  purchased,  in 
connection  with  other  gentlemen,  the  outstanding 
claims  in  Chautauque  county,  and  in  this  manner,  and 
through  his  exertions,  they  were  satisfactorily  adjusted. 

Mr.  Van  Buren  and  his  friends  maintained  their  as 
cendency  in  the  state  till  the  fall  of  1837,  when  the 
whigs  for  the  first  time  secured  a  majority  in  the  legis 
lature.  Mr.  Seward  had  not  been  disheartened  by  one 
defeat,  yet  he  had  remained  aloof  from  politics  in  the 
meantime,  and  had  devoted  himself  to  private  pursuits. 
But  with  the  accession  of  his  party  to  power,  it  was 
but  natural  that  his  friends  should  look  to  him  to  aid 
them  in  preserving  the  advantage  they  had  gained,  and 
he  soon  became  a  prominent  candidate  for  the  guber 
natorial  nomination.  Many  of  the  older  leaders  of  the 
whig  party,  particularly  those  who  had  been  national 
republicans,  desired  that  Mr.  Granger,  or  some  other 
person  more  friendly  to  Mr.  Clay  than  Mr.  Seward  was 
supposed  to  be,  should  be  nominated.  But  the  young 
men  were  enthusiastic  in  their  preferences  of  Mr.  Sew 
ard,  and  their  wishes  proved  irresistible.  The  whig 
state  convention  was  held  at  Utica,  on  the  12th  of 
September,  1838,  and  he  was  nominated  as  their  can 
didate,  by  a  large  majority  over  Luther  Bradish,  then 
of  Franklin  county,  who  was  afterward  put  in  nomina 
tion,  on  the  same  ticket  with  him,  for  the  office  of 
lieutenant-governor. 

The  gubernatorial  election  in  1838  was  a  life  and 


654  WILLIAM    H.    SEWARD. 

death  struggle  with  the  democratic  party.  The  whole 
immense  patronage  of  the  state  depended  on  the  issue, 
and  there  was  great  reason  for  the  interest  manifested 
by  the  democratic  leaders  in  the  result  of  the  contest. 
To  the  whigs,  also,  the  near  prospect  of  success  was  a 
powerful  inducement  to  exertion ;  they  were  well  or 
ganized,  and  they  omitted  nothing  that  could  insure 
success.  Other  causes,  besides  the  political  questions 
involved,  may  have  contributed  to  swell  the  whig  vote, 
but  with  the  accession  of  the  conservatives  who  had 
disapproved  of  Mr.  Van  Buren's  project  of  an  inde 
pendent  treasury,  they  became  too  powerful  to  be  de 
feated.  On  behalf  of  Mr.  Seward,  too,  the  abolitionists 
exerted  no  inconsiderable  degree  of  influence.  He  had 
from  the  first  sympathized  with  their  efforts,  and  cor-  . 
dially  approved  of  the  object  they  had  in  view,  though 
he  did  not  believe  their  course  and  policy,  and  their 
separate  organization,  were  well  calculated  to  secure 
it.  He  has  always  been  of  the  opinion  that  the  whig 
party  was  more  favorable  to  the  abolition  of  slavery, 
and  more -likely  to  promote  it,  than  its  opponents,  and 
he  has  labored  to  give  it  a  direction  likely  to  accom 
plish  that  end.  Hence,  whenever  he  has  been  a  can 
didate  for  the  suffrages  of  the  people,  a  large  proportion 
of  the  abolition  voters  have  given  him  their  support. 

More  than  three  hundred  and  seventy-five  thousand 
votes  were  cast  for  governor  at  the  annual  election  in 
1838.  Governor  Marcy  was  now  a  candidate  for  a 
fourth  term,  but  he  failed  of  a  reelection,  and  Mr.  Sew- 


FIRST    MESSAGE.  655 

ard  was  chosen  to  succeed  him  by  a  majority  of  ten 
thousand  four  hundred.  In  the  old  antimasonic  coun 
ties,  in  particular,  the  vote  of  the  latter  was  very  heavy. 

"  Ability  of  the  highest  kind,"  says  an  eminent  Tory 
writer,  "  has  been  rarely,  if  ever,  called  to  the  direction 
of  affairs  in  America,  since  the  Democratic  regime  has 
been  fully  established  by  the  general  triumph  of  the 
popular  over  the  Conservative  party."*  Not  only  does 
the  character  of  the  individuals  who  have  filled  the 
executive  chair  of  the  Union  contradict  this  assertion, 
but  the  "  direction  of  affairs"  in  the  state  governments 
has  been  repeatedly  intrusted  to  men  of  great  ability. 
This  has  been  so  often  the  case  in  New  York,  that 
cases  of  the  opposite  kind  are  merely  exceptions  to  a 
general  rule.  On  the  occasion  of  which  we  are  speak 
ing,  we  have  a  striking  confirmation  of  this  fact.  Both 
Governor  Marcy  and  his  opponent  were  men  of  the 
highest  grade  of  intellect ;  and  the  former  now  surren 
dered  an  office  which  he  had  held  for  six  years,  to  one 
who  continued  to  fill  it  for  two  successive  terms. 

Mr.  Seward  entered  upon  the  discharge  of  his  execu 
tive  duties  under  somewhat  unfavorable  circumstances. 
The  whigs  had  the  control  of  but  two  branches  of  the 
government — the  democrats  still  retaining  their  ma 
jority  in  the  Senate — but  the  former  were,  of  course, 
held  responsible,  in  the  public  estimation,  for  all  acts, 
whether  of  omission  or  commission.  Governor  Sew 
ard  was  himself  the  object  of  jealous  feelings  on  the 

*  Alison's  History  of  Europe,  Cap.  Ixxvi. 


656  WILLIAM    H.    SEWARD. 

part  of  many  of  the  old  national  republicans  ;  for  while 
they  were  true  conservatives,  he  was  in  favor  of  pro 
gressive  measures,  and  of  infusing  a  greater  amount  of 
democracy  into  the  councils,  the  course  and  policy  of 
his  party.  Applicants  for  office,  too,  were  numerous, 
and  not  a  few  were  ready  to  find  fault  with  his  bestow- 
ment  of  the  official  patronage.  Yet,  notwithstanding 
his  inexperience,  he  exhibited  great  aptitude  for  the 
station  he  filled,  and  a  blended  firmness  and  dignity 
highly  appropriate  to  the  position. — 

"  I  saw  young  Harry, — with  his  beaver  on, 
His  cuisses  on  his  thighs,  gallantly  arm'd, — 
Rise  from  the  ground  like  feather'd  Mercury, 
And  vaulted  with  such  ease  into  his  seat, 
As  if  an  angel  dropp'd  down  from  the  clouds, 
To  turn  and  wind  a  fiery  Pegasus, 
And  witch  the  world  with  noble  horsemanship." 

In  regard  to  matters  of  state  policy,  Governor  Sew- 
ard  appears  to  have  adopted  the  younger  Clinton  as 
his  model,  and  to  have  followed  very  nearly  in  the 
footsteps  of  that  distinguished  statesman.  His  first 
message,  delivered  at  the  opening  of  the  legislative 
session  in  1839,  was  well  written  ;  it  was  clear  and 
perspicuous  in  its  statements,  and  finished  and  elegant 
in  its  style.  He  recommended  the  creation  of  a  board 
of  public  works,  to  consist  of  one  member  from  each 
Senate  district.  He  also  suggested  various  improve 
ments  and  changes  in  the  judiciary  system  of  the  state, 
and  during  his  administration  the  first  impetus  was 


INTERNAL    IMPROVEMENTS.  657 

given  to  the  cause  of  legal  reform,  which  ultimately 
secured  the  adoption  of  the  present  code.  The  chari 
table  institutions,  and  the  educational  system  of  the 
state,  were  earnestly  commended  to  the  notice  of  the 
Legislature,  and  in  all  his  subsequent  messages  these 
subjects  occupied  a  prominent  place.  He  also  recom 
mended  that  a  monument  should  be  erected  in  the  city 
of  Albany,  in  commemoration  of  the  public  services 
of  De  Witt  Clinton,  underneath  which  the  ashes  of  that 
gentleman  should  -be  deposited ;  but  there  were  too 
many  Bucktails  in  the  legislature,  even  among  the  po 
litical  friends  of  the  governor,  to  permit  of  a  favorable 
consideration  being  given  to  the  suggestion. 

It  had  been  the  policy  of  the  democratic  leaders,  in 
the  management  of  the  financial  affairs  of  the  state,  and 
in  conducting  her  works  of  internal  improvement  sub 
sequent  to  the  construction  of  the  Erie  and  Champlain 
canals,  to  confine  the  annual  expenditures  to  the  sur 
plus  revenues ;  and  this  same  policy  was  proposed  to 
be  continued,  when  it  was  determined  to  enlarge  the 
Erie  Canal.  Influenced  to  a  considerable  extent  by 
the  efforts  making  in  Maryland  and  Pennsylvania,  by 
their  splendid  systems  of  railroads  and  canals,  to  secure 
the  western  trade,  and  to  divert  it  from  New  York, 
the  whig  party  adopted  a  different  policy  ;  and  when 
they  had  effected  a  revolution  in  the  politics  of  the 
state,  they  advocated  the  more  speedy  completion  of 
the  public  works,  assuming  the  ground  that  it  would  be 
both  wise  and  judicious  to  pledge  the  credit  of  the  state 
28* 


558  WILLIAM    H.    SEWARD. 

for  that  purpose,  but  that  the  additional  debt  to  be 
created  should  not  exceed  an  amount,  the  interest  on 
which,  after  providing  for  its  ultimate  discharge,  could 
be  paid  out  of  the  surplus  revenues  derived  from  the 
canal.  This  policy  was  supported  with  great  earnest 
ness  by  the  whig  majority  in  the  assembly,  in  1838;  it 
also  received  the  sanction  of  a  number  of  the  demo 
cratic  Senators,  sufficient,  with  the  whigs,  to  constitute 
a  majority  in  the  Senate ;  and  a  law  was  passed  au 
thorizing  a  loan  of  four  millions  of  dollars  for  the  en 
largement  of  the  Erie  Canal,  which  was  approved  by 
Governor  Marcy. 

Besides  the  Enlargement,  there  were  two  important 
lateral  canals  now  in  progress  of  construction,  the 
Genesee  Valley  and  the  Black  River  Canals.  To  com 
plete  all  these  works,  it  was  thought  would  require  an 
outlay  of  from  twelve  to  fifteen  millions  of  dollars. 

Governor  Seward  heartily  approved  of  the  change 
in  the  financial  policy  made  in  1838,  and  in  his  first 
annual  message  before  referred  to,  he  advised  the 
speedy  enlargement  of  the  Erie  Canal,  and  recommend 
ed  various  other  improvements  by  roads  and  canals, 
among  which  were  three  principal  lines  of  railroad 
through  the  state,  from  east  to  west.  In  his  opinion, 
the  ability  of  the  state  to  sustain  the  burden  of  a  public 
debt  could  scarcely  be  over-estimated,  in  view  of  the 
new  and  abundant  resources  daily  being  developed. 
"  History,"  says  his  message,  "  furnishes  no  parallel  to 
the  financial  achievements  of  this  state.  It  surrendered 


FINANCIAL    POLICY.  659 

its  share  in  the  national  domain,  and  relinquished  for 
the  general  welfare  all  the  revenues  of  its  foreign  com 
merce,  equal  generally  to  two-thirds  of  the  entire  ex 
penditure  of  the  federal  government.  It  has,  neverthe 
less,  sustained  the  expenses  of  its  own  administration, 
founded  and  endowed  a  broad  system  of  education, 
charitable  institutions  for  every  class  of  the  unfortu 
nate,  and  a  penitentiary  establishment  which  is  adopted 
as  a  model  by  civilized  nations.  It  has  increased  four 
fold  the  wealth  of  its  citizens,  and  relieved  them  from 
direct  taxation ;  and  in  addition  to  all  this  has  carried 
forward  a  stupendous  enterprise  of  improvement,  all 
the  while  diminishing  its  debts,  magnifying  its  credit, 
and  augmenting  its  resources," 

Under  the  auspices  of  Governor  Seward  and  the 
party  in  power,  the  work  on  the  Erie  Canal  enlarge 
ment  and  the  Black  River  and  Genesee  Valley  Canals, 
went  on  with  far  greater  rapidity  than  before,  and 
liberal  loans  were  made  to  railroad  companies  to  assist 
them  in  the  enterprises  they  had  undertaken.  The 
experience  of  a  single  year  convinced  the  governor 
that  the  impulse  given  to  the  internal  improvement 
system  -was  altogether  too  hearty,  and  required  some 
wholesome  check.  In  his  annual  message,  therefore, 
in  1840,  he  urgently  advised  retrenchment  in  the  state 
expenditures,  and  greater  caution  in  the  augmentation 
of  the  public  debt.  He  still  had  great  confidence,  how 
ever,  in  the  financial  ability  of  the  state,  and  continued 
firmly  of  the  belief,  that  the  immediate  completion  of 


660  WILLIAM    H.    SEWARD. 

the  works  was  demanded  by  a  regard  for  her  interest 
and  welfare.  His  opinions  underwent  no  change, 
when  the  democratic  party  regained  the  ascendency, 
and  the  work  on  the  canals  was  suspended  by  the  law 
of  1842,  at  which  time  the  canal  debt  of  the  state  had 
been  increased  fourteen  millions  of  dollars,  over  and 
above  the  loan  of  four  millions  authorized  in  1838. 

It  was  claimed  by  the  political  opponents  of  Governor 
Seward,  that  the  canal  policy  pursued  by  himself  and 
his  friends  was  eminently  disastrous,  and  as  appear 
ances  certainly  favored  the  ground  which  the  former 
assumed,  they  were  enabled  to  use  the  arguments  thus 
afforded  most  effectively  at  the  polls.  But,  on  the 
other  hand,  it  was  insisted  by  the  whigs,  that  "  the 
speedy  impulse'*  policy,  as  it  was  termed  by  the  demo 
crats,  had  not  had  a  fair  trial,  and  that,  if  left  to  work 
out  its  own  redemption,  like  the  spear  of  Achilles  it 
would  have  cured  the  wounds  it  had  inflicted.  Under 
this  policy  the  debt  was  increased  to  an  amount  ex 
ceeding  the  original  estimates,  and  the  works  were  not 
more  than  half  finished.  This  was,  apparently,  a 
strong  argument  against  it,  but  the  whigs  replied,  that 
the  actual  cost  of  the  works,  it  was  ascertained,  would 
be  more  than  double  the  estimates.  This  was  true. 
The  estimates  were  shown  to  be  erroneous  in  the  first 
instance,  and  a  considerable  advance  in  the  prices  of 
labor  and  materials,  together  with  the  attempt  to  secure 
greater  perfectness  and  completeness  in  the  work,  and, 
to  some  extent,  perhaps,  the  inexperience  of  the  whig 


INCREASE  OF  THE  STATE  DEBT.          661 

canal  commissioners,  increased  the  cost  of  almost  every 
item  of  expense  far  beyond  what  was  anticipated. 

Great  difficulty  was  experienced  by  the  whig  state 
administration,  in  1840  and  1841,  in  raising  money, 
and  the  public  stocks  depreciated  considerably  in  their 
market  value.  Here,  argued  the  democrats,  their  op 
ponents  were  again  vulnerable,  for  provision  should 
have  been  made,  at  the  outset,  for  the  payment  of  all 
debts  to  be  incurred ;  and  had  this  been  done,  New 
York  stock  would  have  remained  at  or  near  par,  and 
money  could  have  been  obtained  otherwise  than  at 
rates  which  would  have  been  ruinous  to  the  credit  of 
the  state  if  her  resources  had  not  been  so  ample.  To 
this  it  was  said,  that  the  market  was  glutted  with  the 
stocks  of  other  states,  and  a  depreciation  was  the  natu 
ral  result  in  which  they  all  shared. 

Which  policy,  whether  that  of  the  whigs  or  that  of 
the  democrats,  was  the  best  for  the  state,  is  still  a 
disputed  question  among  our  politicians.  The  lat 
ter  may  have  the  advantage  in  pointing  to  actual 
experience,  to  the  disasters  and  misfortunes  of  1840 
and  1841 ;  but  the  whigs  still  insist,  that  their  policy 
was  never  fairly  tried,  and  they  now  point  to  the  vast 
increase  of  the  canal  revenues,  as  an  evidence  of  the 
ability  of  the  state  to  sustain  a  larger  public  debt  than 
they  had  ever  contemplated. 

During  the  first  year  of  Governor  Seward's  admin 
istration,  the  public  peace  and  tranquillity  were  dis 
turbed  by  serious  difficulties  on  the  manor  of  Rennse- 


662  WILLIAM    H.    SEWAKIX. 

laerwyck,  growing  out  of  the  refusal  of  the  tenants  to 
pay  the  arrearages  of  rent  which  had  been  suffered  to 
remain  uncollected  by  the  late  patron,  Stephen  Van 
Rensselaer,  but  which  were  now  demanded  by  his 
heirs.  The  tenants  armed  and  disguised  themselves 
as  Indians,  and  offered  such  resistance  to  the  civil  offi 
cers,  that  the  latter  were  obliged  to  call  to  their  aid  the 
military  power.  Disturbances  of  this  kind  had  not 
been  unknown  in  the  history  of  the  state,  though  of 
rare  occurrence.  Governor  Seward  manifested  a  dis 
position  to  uphold  the  supremacy  of  the  law,  yet,  at 
the  same  time,  he  felt  that  the  tenants  had  cause  for 
complaint,  and  that  these  semi-feudal  land  tenures 
were  totally  inconsistent  with  the  spirit  and  genius  of 
our  institutions.  As  the  tenants,  by  the  laws  of  the 
state,  could  not  dispute  the  titles  of  their  landlords,  an>d 
were  therefore  remediless,  if  they  thought  themselves 
wronged,  and  the  state  refused  to  interfere  on  their  be 
half,  except  by  making  resistance  to  the  execution  of 
those  laws,  he  was  of  the  opinion  that  the  difficulty 
ought  to  be  regarded  as  a  political  one ;  and  that,  while 
the  laws  should  be  upheld,  greater  leniency  ooght  to 
be  exhibited  toward  the  refractory  tenants  than  toward 
other  offenders.  These  reasons  influenced  him  in  all 
his  action  with  reference  to  the  anti-renters  while  he 
was  governor  of  the  state.  In  pursuance  of  his  recom 
mendation,  commissioners  were  appointed  in  1840  to 
mediate  a  settlement  between  the  landlords  a»d  their 
tenants,  but  the  terms  which  they  presented  were  not 


CONTROVERSY    WITH    VIRGINIA.  663 

satisfactory  to  the  parties,  and  the  effort  at  mediation 
proved  abortive.  Meanwhile  the  excitement  had  died 
away,  though  it  revived  again,  with  greater  intensity, 
under  a  subsequent  administration. 

It  was  the  fortune  of  Governor  Seward,  also,  to  be 
come  involved  in  a  controversy  with  the  executive 
authorities  of  Virginia  touching  the  extradition  of  fugi 
tives  frotn  justice.  In  July,  1839,  a  requisition  was 
made  upon  him  by  the  Governor  of  Virginia  for  the 
delivery  of  three  persons  charged  with  having  feloni 
ously  stolen  a  negro  slave  in  that  state.*  With  this 
requisition  he  declined  to  comply,  "  upon  the  grounds," 
as  stated  in  his  annual  message  in  1840,  "  that  the  right 
to  demand,  and  the  reciprocal  obligation  to  surrender 
fugitives  from  justice,  between  sovereign  and  indepen 
dent  nations,  as  defined  by  the  law  of  nations,  include 
only  those  cases  in  which  the  acts  constituting  the  of 
fence  charged  are  recognized  as  crimes  by  the  univer 
sal  laws  of  all  civilized  countries ;  that  the  object  of 
the  provision  contained  in  the  constitution  of  the  United 
States,  authorizing  the  demand  and  surrender  of  fugi 
tives  charged  with  treason,  felony  or  other  crimes,  was 
to  recognize  and  establish  this  principle  of  the  law  of 
nations  in  the  mutual  relations  of  the  states  as  inde 
pendent,  equal,  and  sovereign  communities  ;  that  the 
acts  charged  upon  the  persons  demanded  were  not 

*  The  proofs  and  papers,  upon  sdiich  this  requisition  was  founded, 
were  defective ;  but  the  technical  objection  was  of  small  importance 
beside  the  constitutional  question. 


661  WILLIAM    H.    SEWARD. 

recognized  as  criminal  by  the  laws  of  this  state,  or  by 
the  universal  laws  of  all  civilized  countries  ;  and  that, 
consequently,  the  case  did  not  fall  within  the  provision 
of  the  Constitution  of  the  United  States/' 

This  controversy  was  protracted  for  two  or  three 
years,  in  the  course  of  which  a  number  of  communi 
cations  passed  between  the  executives  of  the  two 
states.  Governor  Seward  defended  his  position,  at  all 
times,  with  a  variety  and  force  of  argument,  and  an 
aptness  of  illustration,  that  produced  respect  for  his 
talents,  if  not  a  conviction  favorable  to  the  soundness 
and  correctness  of  his  conclusions.  The  authorities  of 
Virginia  claimed,  on  the  other  hand,  that  a  person  who 
had  committed  an  act  in  any  state,  which,  by  the  laws 
of  that  state,  was  felony,  and  had  fled  to  another  state, 
ought,  by  the  Constitution  of  the  United  States,  to  be 
surrendered  on  proper  demand  being  made  by  the  for 
mer  state,  whether  or  not  the  same  act  was  punishable 
as  a  crime  in  the  state  to  which  the  person  had  fled. 
The  important  question  involved  in  the  controversy 
was  also  discussed  in  the  New  York  legislature,  in 
1841 ;  the  democratic  members  generally  inclining  to 
support  Virginia  in  her  position.  In  1842,  the  subject 
was  again  brought  forward,  and  a  joint  resolution  was 
then  adopted,  for  which  all  the  democrats  voted,  with 
very  few  exceptions,  declaring  that  stealing  a  slave, 
contrary  to  the  laws  of  Virginia,  was  a  crime  within 
the  meaning  of  the  Constitution  of  the  United  States. 
Governor  Seward,  however,  declined  being  the  agent 


NEW    YORK    SCHOOL    QUESTION.  665 

of  the  Legislature  in  transmitting  the  resolution  to  the 
authorities  of  Virginia. 

The  Legislature  of  1840  was  whig  in  both  its 
branches,  and  the  whole  power  and  patronage  of  the 
state  were  now  vested  in  the  whig  administration. 
Besides  advising  and  suggesting  various  reforms  in  the 
judiciary  system  of  the  state,  and  retrenchment  in  the 
expenditures,  as  before  mentioned,  in  the  annual  mes 
sage  of  that  year,  the  governor  urgently  recommended 
that  the  common  school  law  should  be  so  amended  as 
to  permit  adopted  citizens  to  have  their  children  edu 
cated  by  teachers  speaking  their  own  language  and 
professing  the  same  faith  with  them,  and  to  share,  in  an 
equal  proportion,  in  the  public  moneys  appropriated  by 
the  state  for  school  purposes.  This  recommendation 
had  particular  reference  to  the  children  of  Roman 
Catholics  in  the  city  of  New  York,  who  were  excluded 
from  the  public  schools,  because  their  parents  and 
guardians  were  unwilling  to  send  them  where  religious 
doctrines  were  taught,  or  inculcated,  inconsistent  with, 
or  opposed  to  those  which  they  entertained. 

Immediately  on  the  appearance  of  the  governor's 
message,  his  views  upon  the  school  question  were  at 
tacked  with  great  vehemence  by  the  clergy,  and  by 
many  of  the  most  influential  laymen,  belonging  to  the 
evangelical  denominations  in  the  city  of  New  York  ; 
and  they  were  defended  with  equal  earnestness  by 
those  who  were  interested  in  procuring  the  amend 
ments  to  the  school-law  as  proposed.  The  feelings  to 


WILLIAM    H.    SEWARD. 


which  the  controversy  gave  rise  finally  extended  to 
the  country  in  some  measure,  though  there  was  far 
less  interest  manifested  there  than  in  the  city  and  its 
immediate  vicinity.  A  number  of  leading  whigs,  both 
in  the  city  and  elsewhere,  assumed  a  position  of  de 
cided  hostility  to  the  governor  upon  this  subject,  and 
it  was  one  of  the  causes  which  led  to  subsequent  divi 
sions  in  the  party. 

The  plain  and  simple  question  at  the  bottom  of  the 
whole  controversy  was,  whether  a  portion  of  the  citi 
zens  of  the  state  who  contributed  to  the  support  of 
schools,  by  the  payment  of  taxes,  and  whose  children 
were  numbered  in  the  allotment  of  the  public  moneys, 
should  be  deprived  of  all  participation  in  the  common 
fund.  They  had  conscientious  scruples  against  send 
ing  their  children  to  schools  in  which  a  different  version 
of  the  Bible  from  their  own  was  used  and  read ;  and, 
in  view  of  the  paramount  importance  of  educating  all 
the  rising  generation,  Governor  Sevvard  and  those 
who  concurred  with  him  thought  it  would  be  a  wise 
policy  to  permit  them  to  establish  separate  schools  if 
they  thought  proper,  and  give  them  a  fair  share  of  the 
public  money. 

A  suggestion  of  this  character,  in  a  country  where 
all  creeds  and  all  religions  are  tolerated,  ought,  cer 
tainly,  not  to  have  been  regarded  as  a  strange  one. 
American  Christians,  no  matter  what  may  be  their 
particular  shades  of  belief,  whether  Papists  or  Church 
men,  Baptists  or  Presbyterians,  Methodists  or  Quakers, 


NEW    YORK    SCHOOL    QUESTION.  667 

all  possess  equal  rights  and  should  be  permitted  to  en 
joy  equal  privileges.  But  there  is  no  bigotry  like  the 
bigotry  of  Sectarianism,  and  religious  controversies 
and  persecutions  are  the  most  bitter  of  all.  Prejudice 
against  Romanism  is  as  deep-rooted  here,  as  it  was  in 
the  mother  country  during  the  times  of  "  Bluff  King 
Harry ;"  and  our  people  are  too  prone,  perhaps,  to 
forget,  that  if  Rome  had  her  Borgias  and  her  Leos, 
she  had  also  her  Pauls  and  her  Gregories,  her  Xavier 
and  her  Pius, — and  that  the  cruelty  of  the  Inquisition 
differed  only  in  degree  from  that  of  the  Bloody  Rump, 
while  the  horrors  of  St.  Bartholomew  were  paralleled 
by  the  atrocities  at  Miinster  and  Drogheda. 

On  the  part  of  those  who  took  issue  with  Governor 
Seward  on  the  School  question,  it  was  said  that  he  de 
signed  to  exclude  the  Bible  from  the  schools  altogether. 
To  their  excited  imaginations,  the  proposed  amend 
ment  of  the  law  was  a  sort  of  Titus  Gates'  plot,  and 
the  supremacy  of  the  Pope  was  the  great  object  had 
in  view.  For  two  years  public  opinion,  thus  control 
led  by  unfounded  fears  and  suspicions,  operated  so  far 
upon  the  legislature  as  to  prevent  the  adoption  of  the 
amendments  recommended  by  the  Governor.  But,  in 
his  annual  messages  in  1841  and  1842,  he  again  refer 
red  to  the  subject  in  most  eloquent  terms,  and  warmly 
urged  the  legislature  to  adopt  his  suggestions.  In  the 
latter  year  the  law  was  finally  amended,  in  pursuance 
of  his  recommendations,  and  he  had  the  satisfaction 


668  WILLIAM    H.    SEWARD. 

of  signing  and  approving  the  bill  which  passed  the 
legislature. 

During  the  presidential  canvass  of  1839-40,  he  was 
an  interested,  though  not  an  active  spectator.  He  at 
first  favored  the  nomination  of  General  Scott  as  the 
whig  candidate,  in  preference  to  Mr.  Clay,  but  was 
highly  gratified  at  the  selection  of  General  Harrison, 
and  rejoiced  most  sincerely  in  his  success. 

Notwithstanding  the  jealousy,  and  at  times  the  hos 
tility,  of  some  of  the  old  national  republicans  who 
thought  Governor  Seward  was  too  radical  in  his  no 
tions,  and-  leaned  too  much  toward  the  abolitionists 
and  the  anti-renters,  as  the  refractory  tenants  on  the 
manorial  lands  were  called,  he  had  the  warm  support 
of  the  great  majority  of  his  party,  particularly  in  the 
strong  whig  counties  at  the  west.  It  was  but  natural 
that  he  should  desire  to  have  his  administration  ap 
proved  by  the  people,  in  which  light  a  reelection  might 
be  considered,  and  the  whig  journals  friendly  to  him 
advised  that  he  should  be  nominated  for  a  second  term. 

No  opposition  was  made  to  his  nomination  in  the 
whig  state  convention,  and  Lieutenant-Governor 
Bradish  was  again  associated  with  him  on  the  whig 
ticket.  The  opposing  candidates  were  William  C. 
Bouck  and  Daniel  S.  Dickinson.  Both  those  gentlemen 
were  warm  friends  of  the  internal  improvement  sys 
tem,  and  both  possessed  a  large  share  of  popularity. 

The  excitement,  the  enthusiasm,  that  marked  the 
great  contest  of  1840,  will  not  soon  be  forgotten.  In 


RE-ELECTION.  669 

the  state  of  New  York  the  election  was  conducted 
with  a  spirit  and  animation  never  before  witnessed. 
Here,  as  in  almost  every  state  in  the  Union,  the  whigs 
achieved  a  signal  triumph  over  their  adversaries.  The 
popular  vote  of  the  state  was  largely  increased, — up 
ward  of  four  hundred  and  forty  thousand  votes  being 
cast  for  governor.  Governor  Seward  fell  somewhat 
behind  his  ticket,  on  account  of  the  opposition  of  the 
persons  already  alluded  to,  but  he  was  reflected  by  a 
majority  of  over  five  thousand. 

Some  of  the  most  prominent  incidents  in  the  second 
term  of  his  administration  have  been  already  antici 
pated.  The  improvement  of  the  common  school  sys 
tem,  the  completion  of  the  public  works,  and  the  aboli 
tion  of  capital  punishments,  were  among  the  principal 
recommendations  contained  in  his  annual  messages  in 
1841  and  1842.  In  1841,  he  refused  to  interfere  in 
preventing  the  trial  of  Alexander  McLeod  by  the  state 
courts,  for  an  alleged  participation  in  the  affair  of  the 
Caroline  in  1839,  although  the  seizure  and  burning  of 
the  vessel,  and,  of  consequence,  the  killing  of  the  per 
sons  found  on  board,  were  avowed  by  the  government 
of  Great  Britain  to  be  acts  for  which  she  was  alone 
responsible,  the  persons  concerned  in  the  affair  having 
acted  under  the  orders  of  her  officers,  whom  they  were 
bound  to  obey. 

The  death  of  General  Harrison,  and  the  failure  of 
Mr.  Tyler  to  meet  the  expectations  of  the  whig  party, 
filled  the  cup  of  their  misfortunes  in  this  state  to  over- 


670  WILLIAM    H.    SEWARD. 

flowing.  Considering  the  large  vote  in  1840,  their 
majority  was  comparatively  small,  and  as  the  annual 
election  in  1841  came  on  while  they  were  disheartened 
and  divided,  it  occasioned  but  little  surprise  when  they 
were  defeated,  and  the  democrats  restored  to  their  as 
cendency  in  both  branches  of  the  legislature. 

Governor  Seward's  last  annual  message,  at  the  com 
mencement  of  the  regular  session  in  1842,  was  one  of 
the  best  papers  that  ever  came  from  his  pen.  The 
credit  of  the  state  had  become  impaired,  as  he  frankly 
admitted — six  per  cent,  stocks  having  fallen  twenty  per 
cent,  below  par — but  he  attributed  this  depression  to 
the  failure  of  other  states  to  meet  their  obligations,  and 
thought  it  would  be  but  temporary  in  its  duration. 
The  increasing  business  on  the  canals,  however,  af 
forded  some  gleams  of  sunshine,  and  he  believed  it  to 
be  the  better  policy  to  hasten  the  public  works  to  com 
pletion,  as  fast  as  possible  without  increasing  the  pub 
lic  debt  above  an  amount,  the  interest  on  which  could 
be  paid  out  of  the  current  surplus  revenues.  It  was  at 
this  time  believed,  that  the  proceeds  of  the  sales  of  the 
public  lands  would  be  distributed  among  the  states,  and 
he  therefore  advised  that  the  moneys  received  from 
this  source  should  be  pledged  as  a  sinking  fund  for  the 
payment  of  the  principal  of  the  public  debt. 

Different  counsels,  however,  prevailed  with  the 
democratic  majority  in  the  legislature,  and  the  action 
of  all  parties  was  influenced,  to  a  great  degree,  by  the 
banking  and  moneyed  interests  of  the  state,  who  were 


RESUMES  THE  PRACTICE  OP  LAW.        671 

directly  concerned  in  raising  the  price  of  the  public 
stocks,  large  amounts  of  which  were  in  their  hands. 
The  law  of  1842,  which  provided  for  the  suspension  of 
the  public  works,  for  the  imposition  of  a  direct  tax,  and 
for  pledging  a  part  of  the  canal  revenues  as  a  sinking 
fund  for  the  extinguishment  of  the  state  debt,  was  ac 
cordingly  passed,  and  in  deference  to  the  Legislature, 
though  by  no  means  approving  of  the  measure,  Gover 
nor  Seward  gave  it  his  official  approbation. 

The  election  of  1841  was  significant  of  disasters,  and 
Governor  Seward  declined  becoming  a  candidate  for 
a  third  term.  After  the  expiration  of  his  period  of 
service,  he  resumed  his  residence  in  Auburn,  and  the 
practice  of  his  profession,  which  soon  became  both  ex 
tensive  and  lucrative.  Though  no  longer  a  candidate 
for  the  suffrages  of  the  people,  he  could  not  so  easily 
divest  himself  of  his  character  as  a  politician.  He 
heartily  approved  of  the  great  measures  of  policy  ad 
vocated  and  supported  by  the  whig  members  of  the 
27th  Congress.  He  approved  of  the  tariff  of  1842,  and 
was  opposed  to  the  annexation  of  Texas  and  the  war 
with  Mexico.  Upon  the  Oregon  question  he  coincided 
with  those  whigs  who  voted  for  giving  notice  of  the 
termination  of  the  joint  occupancy  to  Great  Britain. 

In  the  cause  of  Irish  Emancipation  he  was  deeply 
interested,  and  he  was  no  indifferent  observer  of  the 
popular  revolutions  which  took  place  in  Europe  in 
1848.  His  sympathies  were  with  the  oppressed  and 
the  persecuted,  and  his  heart  throbbed  high  with  satis- 


672  WILLIAM    H.    SEWARD. 

faction  at  every  concession  yielded  by  the  advocates 
of  monarchy,  and  every  advantage  gained  by  the  friends 
of  civil  freedom. 

He  was  not  entirely  satisfied  with  the  position  of 
Mr.  Clay  on  the  Texas  question  in  1844,  but  he  gave 
him  his  cordial  support,  and,  by  the  exertion  of  his 
personal  influence,  and  by  numerous  speeches  and  ad 
dresses  from  the  stump,  rendered  important  services  to 
his  party,  though  unable  to  prevent  their  defeat. 

Governor  Seward  was  friendly  to  the  project  of 
calling  a  state  convention  to  revise  the  constitution  in 
1846,  and  was  well  satisfied  with  the  reforms  thus  se 
cured,  though  he  did  not  approve  of  all  the  financial 
provisions,  and  favored  the  extension  of  the  right  of 
suffrage  to  the  colored  population. 

In  1848,  he  was  one  of  the  most  active  and  influen 
tial  supporters  of  General  Taylor,  though  that  lamented 
soldier  was  not  originally  his  first  choice  for  the  presi 
dency  ;  but  he  was  understood  to  be  favorable  to  the 
nomination  of  Judge  McLean,  of  the  Supreme  Court 
of  the  United  States. 

Meanwhile  the  democratic  party  in  New  York  had 
divided  into  two  factions,  and  the  whigs  seemed  in 
clined  to  follow  their  example,  though  no  division  had 
actually  taken  place.  The  old  national  republicans, 
strengthened  considerably  by  accessions  from  the  anti- 
masons,  were  what  might  be  called  conservative 
whigs,  and  Governor  Seward  and  his  friends  were 
radical,  or  democratic  whigs.  The  latter  were  much 


ELECTED    TO    THE    UNITED    STATES    SENATE.         673 

the  stronger  of  the  two,  and  being  attached  to  Gover 
nor  Seward  they  were  anxious  to  place  him  in  a 
prominent  position.  Upon  the  legislature  of  1849 
devolved  the  duty  of  choosing  a  successor  to  John  A. 
Dix,  then  one  of  the  senators  in  Congress.  The 
whigs  were  largely  in  the  majority,  and  two  thirds  of 
the  members  belonging  to  that  party  were  partial  to 
Governor  Seward.  His  name  was  proposed  at  the 
whig  caucus  to  fill  the  vacancy  in  the  Senate  of  the 
United  States ;  he  received  the  nomination  by  a  vote 
of  eighty-eight  to  forty-three  for  various  other  per 
sons  ;  and  on  the  6th  of  February  he  was  duly  elected 
to  the  office  by  the  Legislature. 

He  took  his  seat  in  the  Senate  on  the  5th  of  March, 
1849,  at  the  extra  session  called  to  consider  the  nomi 
nations  of  President  Taylor.  It  being  well  known 
that  his  views  upon  the  question  of  slavery,  then 
widely  agitated,  did  not  exactly  coincide  with  those  of 
many  of  the  southern  whigs,  and  that  he  was  in  favor 
of  the  principles  of  the  Wilrnot  Proviso,  he  declined 
being  appointed  on  any  committee,  lest  it  might  some 
times  be  assumed  that  he  acted  authoritatively  on  be 
half  of  the  administration.  His  influence  with  it  was 
undoubtedly  great,  but  he  had  no  desire  to  embarrass  it. 

Preceded  by  a  high  reputation,  Mr.  Seward  at  once 
took  a  prominent  position  in  the  Senate.  Since  he 
has  been  a  member  of  that  body,  he  has  spoken  ably 
on  several  important  questions,  among  which  were 
our  relations  with  Austria,  the  admission  of  California, 
29 


43 


674  WILLIAM    H.    SEWARD. 

the  slavery  question  and  Mr.  Clay's  compromise 
measures,  the  admission  of  New  Mexico,  the  giving 
of  the  public  lands  to  actual  settlers  who  were  land 
less,  and  the  claims  for  French  spoliations  prior  to 
1800.  His  ablest  effort  was  made  on  the  llth  of 
March,  1850. 

To  say  of  a  speech,  that  it  is  able  and  eloquent, 
is,  indeed,  but  a  hackneyed  phrase,  often  employed  to 
express  a  mere  conventional  compliment,  but  not 
unfrequently  applied  with  justice  and  propriety.  The 
speech  of  Mr.  Seward  on  the  admission  of  California, 
and  the  Slavery  Question  so  intimately  connected 
with  it,  was  characterized  by  real  ability,  great  force 
of  expression,  earnestness  and  eloquence  : — 

"  Four  years  ago,"  said  he,  "  California,  a  Mexican  Province,  scarcely 
inhabited  and  quite  unexplored,  was  unknown  even  to  our  usually  im 
moderate  desires,  except  by  a  harbor,  capacious  and  tranquil,  which 
only  statesmen  then  foresaw  would  be  useful  in  the  oriental  commerce 
of  a  far  distant,  if  not  merely  chimerical,  future. 

"  A  year  ago,  California  was  a  mere  military  dependency  of  our  own, 
and  we  were  celebrating  with  unanimity  and  enthusiasm  its  acquisition, 
with  its  newly-discovered,  but  yet  untold  and  untouched  mineral 
wealth,  as  the  most  auspicious  of  many  and  unparalleled  achievements. 

"  To-day,  California  is  a  State,  more  populous  than  the  least,  and 
richer  than  several  of  the  greatest  of  our  thirty  States.  This  same 
California,  thus  rich  and  populous,  is  here  asking  admission  into  the 
Union,  and  finds  us  debating  the  dissolution  of  the  Union  itself. 

14  No  wonder  if  we  are  perplexed  with  ever-changing  embarrassments ! 
No  wonder  if  we  are  appalled  by  ever-increasing  responsibilities  !  No 
wonder  if  we  are  bewildered  by  the  ever-augmenting  magnitude  and 
rapidity  of  national  vicissitudes  1 


ADMISSION    OF    CALIFORNIA.  675 

"  SHALL  CALIFORNIA  BE  RECEIVED  ?  For  myself,  upon  my  individual 
judgment  and  conscience,  I  answer,  Yes.  For  myself,  as  an  instructed 
representative  of  one  of  the  States,  of  that  one  even  of  the  States 
which  is  soonest  and  longest  to  be  pressed  in  commercial  and  political 
rivalry  by  the  new  Commonwealth,  I  answer,  Yes.  Let  California 
come  in.  Every  new  State,  -whether  she  come  from  the  East  or  from 
the  West,  every  new  State,  coming  from  whatever  part  of  the  conti 
nent  she  may,  is  always  welcome.  But  California,  that  comes  from  the 
clime  where  the  west  dies  away  into  the  rising  east;  California,  which 
bounds  at  once  the  empire  and  the  continent;  California,  the  youthful 
queen  of  the  Pacific,  in  her  robes  of  freedom,  gorgeously  inlaid  with 
gold — is  doubly  welcome." 

After  answering  the  objections  urged  by  those  sena 
tors  who  opposed  the  separate  and  unconditional 
admission  of  California, — that  she  presented  herself 
unceremoniously,  without  the  preliminary  consent  of 
Congress — that  she  had  assigned  her  own  boundaries 
— that  her  territory  was  too  large — that  no  census  had 
been  taken,  and  that  no  laws  prescribing  the  qualifica 
tions  of  suffrage  existed  before  her  convention  was 
held — and  that  she  had  formed  a  state  government 
and  applied  for  admission,  under  executive  influence, 
— Mr.  Seward  urged  with  much  force  that  the  case 
was  one  demanding  prompt  action ;  that  if  the  appli 
cation  should  be  rejected,  California  would  become 
indignant,  and  not  improbably  set  up  for  herself  as  an 
independent  state,  and,  perhaps,  induce  Oregon  to  go 
with  her;  and  that,  in  consequence  of  the  intervening 
wastes  and  deserts,  and  the  numerous  objections  and 
obstacles  to  the  employment  of  coercive  means  by  the 


676  WILLIAM    H.    SEWARD. 

federal  government,  it  would  be  impossible  or  imprac 
ticable  to  compel  her  to  remain  in  the  Union  against 
her  will. 

In  regard  to  the  collateral  questions — the  compro 
mises  as  they  were  called — connected  with  the  admis 
sion  of  California,  not  by  the  applicants  themselves, 
but  by  the  southern  senators,  or  nearly  all  of  them, 
and  their  friends,  Mr.  Seward  avowed  his  opposition 
to  them  in  every  form  and  shape.  He  declared  that 
the  very  name  of  compromise  was  hateful  to  him,  and 
that  it  was  never  used  in  a  good  cause.  Freedom,  he 
thought,  was  too  sacred  a  heritage  to  be  bartered 
away, — to  be  either  sacrificed  or  compromised. 

"  But  it  is  insisted,"  he  remarked,  "  that  the  admission  of  California 
shall  be  attended  by  a  COMPROMISE  of  questions  which  have  arisen  out 

Of  SLAVERY 1 

"  I  AM  OPPOSED  TO  ANY  SUCH   COMPROMISE,  15  ANT  AND  ALL  THE  FORMS 

IN  WHICH  IT  HAS  BEEN  PROPOSED.  Because,  while  admitting  the  purity 
and  the  patriotism  of  all  from  whom  it  is  my  misfortune  to  differ,  I 
think  all  legislative  compromises  radically  wrong  and  essentially  vicious. 
They  involve  the  surrender  of  the  exercise  of  judgment  and  conscience 
on  distinct  and  separate  questions,  at  distinct  and  separate  times,  with 
the  indispensable  advantages  it  affords  for  ascertaining  truth.  They 
involve  a  relinquishment  of  the  right  to  reconsider  in  future  the  deci 
sions  of  the  present,  on  questions  prematurely  anticipated.  And  they 
are  a  usurpation  as  to  future  questions  of  the  province  of  future 
legislators. 

"  Sir,  it  seems  to  me,  as  if  slavery  had  laid  its  paralyzing  hand  upon 
myself,  and  the  blood  were  coursing  less  freely  than  its  wont  through 
my  veins,  when  I  endeavor  to  suppose  that  such  a  compromise  has 
been  effected,  and  my  utterance  forever  is  arrested  upon  all  the  great 


COMPROMISES    OF    MR.    CLAY.  677 

questions,  social,  moral,  and  political,  arising  out  of  a  subject  so  im 
portant,  aad  as  yet  so  incomprehensible.  What  am  I  to  receive  in  this 
compromise  ?  Freedom  ia  California.  It  is  well ;  it  is  a  noble  acqui 
sition  ;  it  is  worth  a  sacrifice.  But  what  am  I  to  give  as  an  equiva 
lent  I  A  recognition,  of  the  claim  to  perpetuate  slavery  in  the  District 
of  Columbia ;  forbearance  towards  more  stringent  laws  concerning  the 
arrest  of  persons  suspected  of  being  slaves  found  in  the  free  States ; 
forbearance  from  the  Proviso  of  freedom  in  the  charters  of  new  Terri 
tories.  None  of  the  plans  of  compromise  offered  demand  less  than  two, 
and  most  of  them  insist  on  all  of  these  conditions.  The  equivalent  then 
is,  some  portion  of  liberty,  some  portion  of  human  rights  in  one  region 
for  liberty  in  another  region.  But  California  brings  gold  and  commerce 
*s  well  as  freedom,  I  am,  then,  to  surrender  some  portion  of  human 
freedom  in  the  District  of  Columbia,  and  in  East  California  and  New 
Mexico,  for  the  mixed  consideration  of  liberty,  gold,  and  power,  on  the 
Pacific  coast. 

"  This  view  of  legislative  compromises  is  not  new.  It  has  widely 
prevailed,  aad  many  of  the  State  Constitutions  interdict  the  introduc- 
tkm  of  more  than  one  subject  into  one  bill  submitted  for  legislative 
action. 

"  It  was  of  such  compromises  that  Burke  said,  in  one  of  the  loftiest 
bursts  of  even  his  majestic  parliamentary  eloquence : 

" '  Far,  far  from  the  Commons  of  Great  Britain  be  all  manner  of  real 
vice ;  but  ten  thousand  times  farther  from  them,  as  far  as  from  pole  to 
pole,  be  the  whole  tribe  of  spurious,  affected,  counterfeit,  and  hypocrit 
ical  virtues  1  These  are  the  things  which  are  ten  thousand  times  more 
at  war  with  real  virtue  ;  these  are  the  things  which  are  ten  thousand 
times  more  at  war  with  real  duty,  than  any  vice  known  by  its  name 
and  distinguished  by  its  proper  character. 

u '  Far,  far  from  us  be  that  false  and  affected  candor  that  is  eternally 
in  treaty  with  crime — that  half  virtue,  which,  like  the  ambiguoxis  ani 
mal  that  flies  about  in  the  twilight  of  a  compromise  between  day  and 
night,  is,  to  a  just  man's  eye,  an  odious  and  disgusting  thing.  There  ia 
no  middle  point,  my  Lords,  in  which  the  Commons  of  Great  Britain 
can  meet  tyranny  and  oppression.' 


678  WILLIAM    H.    9EWARD. 

"  But,  sir,  if  I  could  overcome  my  repugnance  to  compromises  in 
general,  I  should  object  to  this  one  on  the  ground  of  the  inequality  and 
incongruity  of  the  interests  to  be  compromised.  Why,  sir,  according 
to  the  views  I  have  submitted,  California  ought  to  come  in,  and  raust 
come  in,  whether  slavery  stands  or  falls  in  the  District  of  Columbia  -r 
•whether  slavery  stands  or  falls  in  New  Mexico  and  Eastern  California ; 
and  even  whether  slavery  stands  or  falls  in  the  slave  States.  Califor 
nia  ought  to  come  in,  being  a  free  State ;  and,  under  the  circumstances 
of  her  conquest,  her  compact,  her  abandonment,  her  justifiable  and 
necessary  establishment  of  a  Constitution,  and  the  inevitable  dismem 
berment  of  the  empire  consequent  upon  her  rejection,  I  should  have  voted 
for  her  admission  even  if  she  had  come  as  a  slave  State.  California 
ought  to  come  in,  and  must  come  in  at  all  events.  It  is,  then,  an  inde 
pendent,  a  paramount  question.  What,  then,  are  these  questions  aris 
ing  out  of  slavery,  thus  interposed,  but  collateral  questions  ?  They 
are  unnecessary  and  incongruous,  and  therefore  false  issues,  not  intro 
duced  designedly,  indeed,  to  defeat  that  great  policy,  yet  unavoidably 
tending  to  that  end." 

Mr.  Se ward  then  took  up  the  compromise  measures, 
seriatim,  and  explained  and  vindicated  the  reasons 
which  induced  him  to  oppose  them  against  the  propo 
sition  to  alter  the  law  concerning  fugitives  from  ser 
vice,  which,  when  it  took  the  form  of  a  positive 
enactment,  was  known  as  "  the  fugitive  slave  law," 
he  directed  a  great  part  of  his  argument,  and  pro- 
nounced  the  measure  arbitrary,  unjust,  oppressive,  and 
utterly  inconsistent  with  the  spirit  and  genius  of  our 
free  institutions.  In  the  coarse  of  his  remarks,  also, 
he  avowed  himself  in  favor  of  the  abolition  of  slavery 
in  the  District  of  Columbia,  intimating,  however,  his 
willingness  to  compensate  the  owners  of  the  slaves. 


THE    SLAVERY    ClUESTION.  679 

He  closed  this  part  of  his  speech  in  the   following 
terms : 

"  There  is  another  aspect  of  the  principle  of  compromise  which  de 
serves  consideration.  It  assumes  that  slavery,  if  not  the  only  institu 
tion  in  a  slave  State,  is  at  least  a  ruling  institution,  and  that  this 
characteristic  is  recognized  by  the  Constitution.  But  slavery  is  only 
one  of  many  institutions  there.  Freedom  is  equally  an  institution  there. 
Slavery  is  only  a  temporary,  accidental,  partial,  and  incongruous  one. 
Freedom,  on  the  contrary,  is  a  perpetual,  organic,  universal  one,  in  har 
mony  with  the  Constitution  of  the  United  States.  The  slaveholder 
himself  stands  under  the  protection  of  the  latter  in  common  with  all 
the  free  citizens  of  the  State.  But  it  is,  moreover,  an  indispensable 
institution.  You  may  separate  slavery  from  South  Carolina,  and  the 
State  will  still  remain ;  but.  if  you  subvert  freedom  there,  the  State 
will  cease  to  exist  But  the  principle  of  this  compromise  gives  com 
plete  ascendency  in  the  slave  State,  and  in  the  Constitution  of  the 
United  States,  to  the  subordinate,  accidental,  and  incongruous  institu 
tion  over  its  paramount  antagonist  To  reduce  this  claim  for  slavery 
to  an  absurdity,  it  is  only  necessary  to  add  that  there  are  only  two 
States  in  which  slaves  are  a  majority,  and  not  one  in  which  the  slave 
holders  are  not  a  very  disproportionate  minority. 

"  But  there  is  yet  another  aspect  in  which  this  principle  must  be 
examined.  It  regards  the  domain  only  as  a  possession,  to  be  enjoyed 
either  in  common  or  by  partition  by  the  citizens  of  the  old  States.  It 
is  true,  indeed,  that  the  national  domain  is  ours.  It  is  true  it  was  ac 
quired  by  the  valor  and  with  the  wealth  of  the  whole  nation.  But  we 
hold,  nevertheless,  no  arbitrary  power  over  it  We  hold  no  arbitrary 
authority  over  anything,  whether  acquired  lawfully  or  seized  by  usur 
pation.  The  Constitution  regulates  our  stewardship ;  the  Constitution 
devotes  the  domain  to  union,  to  justice,  to  defence,  to  welfare,  and  to 
liberty. 

"  But  there  is  a  higher  law  than  the  Constitution,  which  regulates 
our  authority  over  the  domain,  and  devotes  it  to  the  same  noble  pur 
poses.  The  territory  is  a  part,  no  inconsiderable  part,  of  the  common 


680  WILLIAM    H.    SEWARD. 

heritage  of  mankind,  bestowed  upon  them  by  the  Creator  of  the  Uni'- 
verse.  We  are  his  stewards,  and  must  so  discharge  our  trust  as  to 
secure  in  the  highest  attainable  degree  their  happiness." 

He  then  examined  the  question,  as  to  the  power  of 
Congress  to  legislate  upon  the  subject  of  slavery  in 
the  territories,  insisting,  to  the  fullest  extent,  upon  the 
existence  of  the  power,  and  that  it  ought  to  be  exert 
ed.  In  regard  to  the  threats  of  disunion  which  had 
been  repeatedly  heard  in  the  capitol,  he  declared  that 
he  had  no  fears  of  the  dissolution  of  the  confederacy 
upon  such  grounds,  and  for  such  a  cause. 

"  I  hare  heard  somewhat  here,"  he  said,  "  and  almost  for  the  first 
time  in  my  life,  of  divided  allegiance — of  allegiance  to  the  South  and 
to  the  Union — of  allegiance  to  States  severally  and  to  the  Union.  Sir, 
if  sympathies  with  State  emulation  and  pride  of  achievement  could  bfc 
allowed  to  raise  up  another  sovereign  to  divide  the  allegiance  of  a 
citizen  of  the  United  States,  I  might  recognize  the  claims  of  the  State 
to  which,  by  birth  and  gratitude,  I  belong — to  the  State  of  Hamilton 
and  Jay,  of  Schuyler,  of  the  Clintons,  and  of  Fulton — the  State  which, 
with  less  than  two  hundred  miles  of  natural  navigation  connected  with 
the  ocean,  has,  by  her  own  enterprise,  secured  to  herself  the  commerce 
of  the  continent,  and  is  steadily  advancing  to  the  command  of  the  com 
merce  of  the  world.  But  for  all  this  I  know  only  one  country  and  one 
sovereign— the  United  States  of  America  and  the  American  People. 
And  such  as  my  allegiance  is,  is  the  loyalty  of  every  other  citizen  of 
the  United  States.  As  I  speak,  he  will  speak  when  his  time  arrives. 
He  knows  no  other  country,  and  no  other  sovereign.  He  has  life* 
liberty,  property,  and  precious  affections,  and  hopes  for  himself  and  for 
his  posterity,  treasured  up  in  the  ark  of  the  Union.  He  knows  ad 
well  and  feels  as  strongly  as  I  do  that  this  Government  is  his  own 
Government;  that  he  is  a  part  of  it;  that  it  was  established  for  him, 
and  that  it  is  maintained  by  him  ;  that  it  b  the  only  truly  wise,  just, 


THE    SLAVERY    dUESTION.  681 

free,  and  equal  Government  that  has  ever  existed ;  that  no  other  Gov 
ernment  could  be  so  wise,  just,  free,  and  equal ;  and  that  it  is  safer 
and  more  beneficent  than  any  which  time  or  change  could  bring  into 
its  place. 

"  You  may  tell  me,  sir,  that  although  this  may  be  true,  yet  the  trial 
of  faction  has  not  yet  been  made.  Sir,  if  the  trial  of  faction  has  not 
been  made,  it  has  not  been  because  faction  has*not  always  existed, 
and  has  not  always  menaced  a  trial,  but  because  faction  could  find  no 
fulcrum  on  which  to  place  the  lever  to  subvert  the  Union,  as  it  can 
find  no  fulcrum  now  ;  and  in  this  is  my  confidence.  I  would  not  rashly 
provoke  the  trial ;  but  I  will  not  suffer  a  fear,  which  I  have  not,  to 
make  me  compromise  one  sentiment,  one  principle  of  truth  or  justice, 
to  avert  a  danger  that  all  experience  teaches  me  is  purely  chimerical. 
Let,  then,  those  who  distrust  the  Union  make  compromises  to  save  it. 
I  shall  not  impeach  their  wisdom,  as  I  certainly  cannot  their  patriotism ; 
but  indulging  no  such  apprehensions  myself,  I  shall  vote  for  the  admis 
sion  of  California  directly,  without  conditions,  without  qualifications, 
and  without  compromise. 

"  For  the  vindication  of  that  vote  I  look  not  to  the  verdict  of  the 
passing  hour,  disturbed  as  the  public  mind  now  is  by  conflicting  inter 
ests  and  passions,  but  to  that  period,  happily  not  far  distant,  when  the 
vast  regions  over  which  we  are  now  legislating  shall  have  received 
their  destined  inhabitants. 

"  While  looking  forward  to  that  day,  its  countless  generations  seem 
to  me  to  be  rising  up  and  passing  in  dim  and  shadowy  review  before 
us ;  and  a  voice  comes  forth  from  their  serried  ranks,  saying,  '  Waste 
your  treasures  and  your  armies,  if  you  will  ;  raze  your  fortifica 
tions  to  the  ground ;  sink  your  navies  into  the  sea ;  transmit  to  us  even 
a  dishonored  name,  if  you  must ;  but  the  soil  you  hold  in  trust  for  u$ 
— give  it  to  us  free.  You  found  it  free,  and  conquered  it  to  extend  a 
better  and  surer  freedom  over  it.  Whatever  choice  you  have  made 
for  yourselves,  let  us  have  no  partial  freedom ;  let  us  all  be  free :  let 
the  reversion  of  your  broad  domain  descend  to  usunincumbered,  and  free 
from  the  calamities  and  the  sorrows  of  human  bondage." 
29* 


682  WILLIAM    H.    SEWARD. 

One  of  the  sentiments  advanced  in  the  speech  of 
Governor  Seward  on  this  great  question,  has  been  the 
subject  of  so  many  remarks  on  the  part  of  the  news 
paper  press,  that  it  may  be  well  to  refer  to  it  again. 
After  stating,  that,  by  the  federal  constitution,  the 
domain  was  devoted  to  liberty, — thus  indicating  his 
belief  that  slavery  could  have  no  constitutional  exist 
ence  in  California,  in  the  absence  of  any  positive 
enactment  to  support  it, — he  added,  that  there  was  "a 
higher  law  than  the  constitution  which  regulates  our 
authority  over  the  domain,  and  devotes  it  to  the  same 
noble  purposes."  This  remark  has  been  tortured  to 
mean,  that,  in  the  estimation  of  the  speaker,  there  was 
a  higher  law  than  the  constitution,  which  he  felt 
bound  to  obey  in  preference  to  the  latter ;  and  that  it 
was  proper  to  resist  the  execution  of  all  laws,  even  if 
constitutionally  enacted,  which,  according  to  mere 
individual  opinion,  were  inconsistent  with  that  higher 
law. 

Take  away  the  context,  the  qualifying  circumstances 
of  this  remark,  and  such  a  construction  might  not  be 
unjust,  but  with  them,  it  is  clear  that  Governor  Sew 
ard  intended  to  convey  no  such  idea.  The  sentiment 
which  he  advanced  was  this,  and  only  this, — that  upon 
the  point  to  which  he  was  alluding,  the  constitution 
and  the  higher  law  of  God  were  in  perfect  harmony, 
that  they  were  concurrent,  and  that  each  devoted  the 
domain  "to  the  same  noble  purposes." 

No  doubt,  he  regards  with  very  little  favor  the  ex- 


THE    FRENCH    SPOLIATION    BILL.  683 

pediency  doctrines  of  that  school  of  political  philoso 
phers,  who,  like  Paley,  advocate  a  blind  submission  to 
civil  authority.  With  Sir  William  Blackstone,  with 
Burke  and  Brougham,  he  holds  that  the  law  of  nature, 
"  dictated  by  God  himself,"  is  superior  in  obligation  to 
all  our  conventions  and  compacts,  to  all  human  codes 
and  enactments.  Yet  no  one  reverences  the  consti 
tution  more  highly  than  himself.  That  is  the  higher 
law  of  the  good  citizen,  and  if  abuses  are  practiced 
under  it,  the  remedies  which  it  provides  must  first  be 
exhausted,  before  disobedience  becomes  a  virtue. 
Overt  treason  and  moral  treason  are  one  and  the 
same  thing  in  principle.  There  is  no  distinction  be 
tween  active  resistance  and  passive  disobedience,  that 
could  satisfy  the  most  Jesuitical  conscience.  Obe 
dience  to  the  law  is  the  correlative  of  protection 
under  the  law  ;  and  he  who  invokes  the  protecting 
care  of  his  government,  should  obey  her  mandates. 
If  she  deliberately  tolerates  wrong  and  injustice,  let 
him  no  longer  be  one  of  the  governed. 

In  respect  of  argumentative  power  and  ability,  the 
speech  of  Mr.  Seward  on  the  French  Spoliation  bill, 
delivered  on  the  21st  of  January,  1851,  will  probably 
take  precedence  of  most  of  his  previous  efforts.  The 
subject  was  trite,  and  one  would  think  it  had  been 
quite  exhausted.  But  he  seems  to  have  invested  it 
with  fresh  attractions,  and  to  have  brought  forward 
many  new  facts  and  arguments,  besides  presenting 


684  WILLIAM    H.    SEWARD. 

those  that  were  familiar,  in  a  light  different  from  that 
in  which  they  have  heretofore  been  made  to  appear. 

Since  he  has  been  in  the  Senate,  he  has  also  pro 
posed  the  abolition  of  slavery  in  the  District  of  Colum 
bia,  upon  the  condition,  however,  that  just  and  ample 
compensation  should  be  made  to  the  owners  of  the 
slaves. 

Several  years  ago  the  following  picture  of  Mr. 
Seward  was  drawn  by  Mrs.  Maury, — a  friendly  hand, 
indeed  ;  but  who  is  more  competent  than  a  woman  to 
describe  the  personal  appearance  of  one  of  the  oppo 
site  sex?  "The  address  and  manners  of  Governor 
Seward  are  very  agreeable,  though  his  voice  is  gut 
tural  and  uncultivated,  which  possibly  arises  from  an 
absence  of  all  pleasure  in  music ;  confessedly,  he  can 
not  distinguish  a  chant  from  a  jig.  His  appearance  is 
very  youthful  for  forty-four  [this  was  written  in 
1845] ;  he  is  of  fair  complexion,  and  possesses  one 
peculiarity  of  feature,  which  is  to  me  of  singular  in 
terest.  In  speaking  or  smiling,  the  upper  lip  has  a 
slight  nervous  and  tremulous  motion,  independent  of 
its  action  in  articulation.  This  peculiarity  I  have 
seen  but  twice  before ;  it  is,  of  course,  involuntary,  is 
observed  only  in  men,  and  is  always  accompanied  by 
the  most  acute  sensibilities."* 

In  1824  Mr.  Seward  married  Frances  Adeline,  the 
daughter  of  Elijah  Miller,  an  old  resident  of  Auburn, 
in  whose  office  he  first  commenced  practice  at  that 

*  Statesmen  of  America,  p.  82. 


MENTAL    ABILITIES.  685 

place,  and  who,  in  former  years,  was  a  prominent 
member  of  the  bar  and  an  influential  politician  in 
Cayuga  county.  He  is  the  father  of  three  sons,  one 
of  whom  is  now  an  officer  in  the  army,  and  two 
daughters. 

Of  an  ardent  and  enthusiastic  temperament,  of  large 
sympathies,  of  a  hopeful  disposition,  and  possessing  a 
liberal  share  of  generosity  and  benevolence,  he  is  es 
teemed  by  his  friends  for  the  warmth  and  sincerity  of 
his  attachments.  In  regard  to  his  private  relations,  he 
enjoys  an  enviable  reputation  ;  and  those  who  know 
him,  in  the  county  of  his  residence,  of  both  political 
parties,  will  bear  cheerful  testimony  to  the  purity  of 
his  life  and  the  integrity  of  his  character. 

Nature  has  not  been  chary  of  her  favors  in  the 
endowment  of  his  intellect.  She  has  given  him  both 
genius  and  talent,  in  a  happy  combination.  He  has 
quickness  of  apprehension,  a  ready  wit,  and  a  playful 
fancy.  He  has  something  of  the  "  fine  frenzy"  of  the 
poet,  is  imaginative  and  impressionable.  His  concep 
tions  are  vivid,  and  his  will  strong  and  decided.  He 
has  more  boldness,  however,  than  force, — greater  de 
termination  than  energy.  He  is  probably  better  fitted 
to  deal  with  generalities  than  details,  yet  he  has  nice 
discriminating  faculties;  and  he  is  a  close  and  able 
reasoner,  though  possessing  more  rhetorical  than  ra- 
tiocinative  power. 

Habits  of  intense  application,  of  careful  reflection, 
are  characteristic  of  him  ;  and  his  speeches,  argu- 


686  WILLIAM    H.    SEWARD. 

ments,  and  state  papers  indicate  thoroughness  and 
completeness  of  preparation.  While  engaged  in  the 
most  active  pursuits,  he  has  devoted  no  inconsiderable 
portion  of  his  time  to  reading  and  study.  It  was  the 
opinion  of  Antony,  that  the  reputation  of  an  advocate 
was  too  brittle  to  indulge  a  love  for  philosophy  ;*  but 
not  even  the  claims  of  an  exacting  profession  have 
prevented  the  gratification  of  his  keen  relish  for  litera 
ture.  A  lover  of  science,  his  mind  is  thoroughly  im 
bued  with  the  learning  of  the  day.  Such  is  the  extent 
and  variety  of  his  information,  that  he  is  sometimes 
regarded  as  superficial;  but  his  superficiality,  which 
may  be  considered  but  another  name  for  great  general 
knowledge,  is  not  of  that  kind,  which,  though  beautiful 
as  a  poet's  dream,  is  equally  airy  and  unsubstantial, 
but  rather  that  which,  like  the  rich  carving  of  the 
sculptor,  adds  strength  and  beauty  to  the  column  it 
adorns. 

His  rapid  idealization,  his  oriental  affluence,  though 
not  vagueness,  of  expression,  and  the  Ciceronian  flow 
of  his  language,  proceeding  not  "from  the  heat  of 
youth,  or  the  vapors  of  wine,"  but  from  the  exceeding 
fertility  of  his  imagination,  combine  to  render  him  an 
interesting  speaker.  Yet  his  enunciation  is  neither 
clear  nor  distinct,  and  the  tones  of  his  voice  often 
grate  harshly  upon  the  ear.  He  is  not  devoid  of 
grace,  however ;  he  is  calm  and  dignified,  but  earnest. 

Besides  the  speeches  and  addresses  to  which  refer- 

*  Cicero,  De  Oratore,  lib.  ii. 


STYLE    AS    A    SPEAKER    AND    WRITER. 


687 


ence  has  been  made,  he  is  the  author  of  an  "  Address, 
delivered  at  the  commencement  of  the  Auburn  and 
Owasco  Canal,"  in  October,  1835  ;  of  a  "Discourse  on 
Education,"  delivered  at  Westfield,  in  July,  1837 ;  and. 
of  an  "  Oration  on  the  Death  of  Daniel  O'Connel,"  de 
livered  in  the  city  of  New  York,  on  the  22d  of  Sep 
tember,  1847.  These  have  all  been  published,  and  are 
decidedly  creditable  productions. 

His  style  is  elegant,  rather  than  neat;  elaborate, 
rather  than  finished.  It  possesses  a  sparkling  vivacity, 
but  is  somewhat  deficient  in  energetic  brevity.  It  is 
not  always  easy,  for  there  is  more  labor  than  art ;  but 
if  the  wine  has  an  agreeable  bouquet,  the  connoisseur 
delights  to  have  it  linger.  Like  young  D'Israeli, 
whose  political  position  in  some  respects  resembles  his 
own,  he  has  occasionally  a  tendency  to  verbose  decla 
mation,  a  natural  predilection,  perhaps,  for  Milesian 
floridness  and  hyperbole,  and,  like  Napoleon,  a  love 
for  gorgeous  paradoxes.  But,  in  general,  his  words 
are  well  chosen,  and  are  frequently  more  eloquent 
than  the  ideas.  His  sentences  are  constructed  with 
taste ;  they  have  often  the  brilliancy  of  Mirabeau,  and 
the  glowing  fervor  of  Fox. 

As  a  politician,  he  has  evinced  shrewdness,  energy, 
and  decision.  He  is  tolerably  familiar  with  the  main 
springs  of  human  action,  is  cautious  and  prudent,  and 
possesses  tact  as  well  as  talent.  It  might  be  presun^d, 
from  the  character  of  his  mind,  that  he  would  always 
be  found  in  advance  of  his  party  upon  questions  of 


688  WILLIAM    H.    SEWARD. 

reform.     He  is  a  democrat  in  his  nature,  and  a  friend 
to  progress,  for  the  sake  of  progress. 

If  we  may  judge  from  present  appearances,  his 
prospects  for  the  future  are  fair  and  promising.  He 
has  hosts  of  warm  and  devoted  friends  in  his  native 
state,  who  will  gladly  put  their  shoulders  to  the  car 
that  bears  him  onward  to  fame.  If  he  remembers  the 
legend — "  Be  bold,  and  bold,  and  everywhere  be  bold, 
but  not  too  bold" — it  is  not  improbable,  that  his  and 
their  aspirations  may  be  gratified.  There  is  a  good 
ambition,  and  a  bad  one,  "  which  o'erleaps  itself." 
Who  would  not  rather  be  the  conscientious  Falkland, 
than  the  unprincipled  Danton  ?  who  would  not  prefer 
the  bright  coronal  of  fame  that  encircles,  like  a  halo, 
the  memory  of  Heinrich  Stilling  or  John  Quincy 
Adams,  to  the  false  glory  of  Talleyrand  or  Metter- 
nich? 


C       IB  0  '£/  C 
I'.li i  ( /////  (,]  j //•///'/ y /; !//» J/// 


WILLIAM    C.    BOUCK. 

To  this  individual  must  be  accorded  the  high  honor 
of  being  the  first,  and  the  only  farmer  governor  of 
New  York.  All  the  other  eminent  men  who  have 
filled  that  distinguished  station  were  educated  to  the 
law, — a  profession,  which,  in  our  country,  is  nearly 
allied  to  politics, — and  by  their  habits  and  associations 
were  peculiarly  fitted  for  discharging  the  duties  apper 
taining  to  an  executive  office.  Familiarity  with  the 
general  principles  of  legal  science,  and  experience  in 
detecting  the  motives,  and  controlling  the  passions  and 
prejudices  of  men,  rendered  it  a  comparatively  easy 
task  for  them  to  execute  and  enforce  the  laws  ;  but  he 
had  only  his  native  good  sense,  united,  however,  to  a 
pretty  accurate  knowledge  of  human  nature,  upon 
which  to  rely.  It  speaks  volumes  in  favor  of  the 
democratic  equality  of  our  institutions,  and  of  his 
character  and  capacity,  that  he  has  occupied  so  many 
honorable  positions,  and  sustained  himself  in  them 
with  so  much  credit.  His  career  furnishes  an  in 
structive  example,  and  his  success  affords  encourage 
ment,  to  those  even  less  favored  than  he  by  the  acces 
sories  of  family  and  education. 


41 


690  WILLIAM    C.    BOUCK. 

One  of  the  wisest  acts  of  the  administration  of 
Robert  Hunter,  the  English  governor  of  the  colony  of 
New  York  from  1710  to  1719,  was  that  of  inducing 
the  German  Lutherans,  who  had  escaped  from  the 
religious  persecution  in  the  Palatinate,  to  emigrate  to 
America.  Under  the  sanction  and  patronage  of  his 
royal  mistress,  Anne,  Queen  of  England,  about  three 
thousand  families  of  the  Palatines  followed  him  to  this 
country  when  he  came  to  assume  the  reins  of  gov 
ernment. 

Much  the  larger  portion  of  this  body  of  immigrants 
settled  in  New  Jersey  and  Pennsylvania.  Another 
portion  ascended  the  Hudson  river,  and  founded  the 
settlement  at  East  Camp,  in  Columbia  county.  A  still 
smaller  division,  consisting  of  forty  or  fifty  families, 
crossed  over  the  Helderbergs,  in  1713,  and  established 
themselves  in  dorfs,  or  villages,  in  the  charming  valley 
of  the  Schoharie  kill.  By  persons  originally  belong 
ing  to  this  colony,  the  rich  alluvial  flats  along  the  Mo 
hawk  river  were  afterward  settled. 

The  pioneers  of  the  Schoharie  district  found  the 
remnants  of  several  Indian  tribes  scattered  through  the 
valley,  upon  the  lands  assigned  to  them  by  the  English 
sovereign,  who  claimed  to  be  the  owners  of  the  soil, 
and  whose  titles  they  were  subsequently  obliged  to  ex 
tinguish.  They  brought  with  them  to  their  new  home 
in  the  western  wilderness, — not  a  large  share  of  intel 
ligence,  for  oppression  had  kept  them  in  ignorance, — 
but  wealth,  industry,  frugality,  enterprise,  a  love  of 


THE    GERMAN    PALATINES.  691 

civil  and  religious  liberty,  and  a  sternness,  almost  a 
harshness,  of  character,  which  had  passed  the  ordeal 
of  a  severe  persecution. 

When  they  first  looked  down  upon  the  valley  of  the 
Schoharie,  from  the  summit  of  the  Helderbergs,  they 
were  enchanted  with  the  beauty  of  the  scenery  beneath 
them,  and  fancied  the  location  they  had  chosen,  to  be 
a  terrestrial  paradise.  They  entered  zealously  upon 
the  work  of  improvement,  and  so  rapid  was  their  pro 
gress,  that  in  a  comparatively  brief  period,  the  entire 
face  of  the  country,  in  the  vicinity  of  their  settlements, 
was  changed. 

"  Wide  the  wood  recedes, 

And  towns  shoot  up  and  fertile  realms  are  tilled ; 
Hie  land  is  full  of  harvests  and  green  meads." 

The  virgin  forests  disappeared  with  the  wigwams  of 
the  red  men,  and  their  places  were  supplied  by  sub 
stantial  barns  and  dwellings,  by  overflowing  granaries, 
and  broad  fields  yielding  an  abundant  recompense  for 
the  toil  of  the  husbandman.  During  the  Revolution, 
the  store- houses  of  the  patriot  army  were  often  filled 
with  the  produce  of  the  Schoharie  district ;  and  it  was 
estimated  by  Washington,  that  in  the  expedition  of 
the  Tories  and  Indians  into  the  valley,  in  1780,  at  least 
eighty  thousand  bushels  of  grain  were  destroyed,  which 
would  otherwise  have  been  lodged  in  his  magazines.* 
Among  the  first  German  immigrants  that  settled  in 
*  Letter  to  the  President  of  Congress,  November  7,  1780. 


692  WILLIAM    C.    BOUCK. 

the  valley  of  the  Schoharie,  was  the  great-grandfather 
of  the  subject  of  this  sketch.  His  son,  William  Bauch, 
or  Bouck,  was  the  first  male  child  born  in  the  valley, 
of  white  parents.  In  the  year  1755,  William  Bouck, 
in  connection  with  Jacob  Frederic  Lawyer  and  Nich 
olas  York,  patented  from  George  III.  about  three 
thousand  acres  of  land  lying  on  both  sides  of  the  Scho 
harie  river,  or  creek,  and  now  embraced  in  the  present 
towns  of  Fulton  and  Middleburgh.  The  share  of  Mr. 
Bouck  in  this  tract  was  inherited  by  his  three  sons, 
Christian,  John,  and  William,  and  at  the  present  time 
it  forms  a  part  of  the  farm  owned  and  occupied  by  his 
grandson,  Governor  Bouck. 

William  Bouck,  the  elder,  did  not  escape  the  horrors, 
or  the  hardships  of  that  protracted  border  warfare,  in 
the  course  of  which  the  fairest  portions  of  Tryon 
county  were  so  often  made  desolate.  Again  and  again, 
the  "  Christians  and  Savages,1'  under  the  leadership 
of  Brant  and  Johnson,  broke  into  the  Schoharie  valley ; 
butchered  its  inhabitants,  or  left  them  houseless  wan 
derers;  levelled  their  granaries  in  the  dust,  and  swept 
over  their  fields  as  with  the  besom  of  destruction. 
The  buildings  of  Mr.  Bouck,  then  an  opulent  farmer, 
were  destroyed  by  a  party  of  Indians ;  and  he,  with 
several  members  of  his  family,  were  made  prisoners, 
but  were  afterward  rescued  in  Delaware  county. 

His  son,  Christian  Bouck,  who  was  the  father  of  the 
governor,  entered  the  colonial  service,  and  throughout 
his  life  exhibited  the  sturdy  independence  and  patriot- 


BIRTH    AND    EARLY    LIFE.  693 

ism,  the  industry  and  perseverance,  which  he  had  in 
herited  from  his  German  ancestors.  One  of  his  most 
intimate  friends  and  associates  was  Timothy  Murphy, 
the  brave  partisan  and  skilful  rifleman  of  Schoharie, 
whose  famous  exploits  are  still  preserved  in  history  and 
tradition.  The  friendship  of  Murphy  for  the  father, 
descended  to  the  son ;  and  it  is  said  that  the  latter 
owed  his  first  election  to  the  assembly,  to  the  influence 
and  zeal  of  his  father's  friend. 

The  maiden  name  of  the  mother  of  Governor  Bouck, 
was  Margaret  Borst.  She  was  descended  from  a  Ger 
man  family,  among  the  first  settlers  of  the  Schoharie 
district.  She  died  at  the  early  age  of  forty-four.  Her 
husband  survived  till  1836,  when  he,  too,  was  gathered 
to  his  fathers,  in  his  eighty-third  year,  leaving  behind 
him  a  name  and  character  held  in  high  respect  by  his 
neighbors  and  acquaintances. 

WILLIAM  C.  BOUCK  was  born  on  the  farm  where  he 
now  resides,  formerly  occupied  by  his  father  and  grand 
father,  in  the  present  town  of  Fulton,  Schoharie  coun 
ty,  on  the  7th  day  of  January,  1786.  He  was  educated 
a  farmer,  and  has  been  more  or  less  actively  engaged 
in  agricultural  pursuits  during  his  whole  life.  All  the 
time  and  attention  which  could  be  spared  from  his 
public  duties,  have  .been  devoted  to  the  management 
of  his  farm.  "  Until  I  was  twenty-two  years  of  age," 
says  he,  in  a  letter  to  a  friend,  not  intended  for  publi 
cation,  "  no  common  laborer  on  my  father's  farm  did 
more  work  than  myself,  either  in  clearing  land,  or  in 


694  WILLIAM    C.    BOUCK. 

the  harvest  field.  Often  have  I  gone  to  the  plough  be 
fore  daylight,  and  from  it  after  dark." 

His  father  possessed  abundant  means,  and  designed 
to  give  him  a  liberal  education  ;  but  his  activity,  enter 
prise,  and  industry,  seemed  to  be  needed  upon  the  farm, 
and  there  was  always  something  to  be  done  that  de 
manded  his  supervision.  So,  for  one  cause  or  another, 
the  execution  of  his  father's  intentions  was  postponed, 
from  time  to  time,  till  he  had  reached  man's  estate, 
and  his  presence  was  then  required  at  home  more  than 
ever.  His  literary  acquirements,  therefore,  did  not 
extend  beyond  a  common  school  education,  obtained, 
for  the  most  part,  in  accordance  with  the  usual  custom 
of  that  day,  during  the  winter  months,  when  there  was 
a  respite  from  labor  upon  the  farm. 

But  he  possessed  an  inquisitive  mind,  which,  as  if 
by  instinct,  like  the  bee  gathering  honey  from  every 
flower,  made  constant  additions  to  its  stores  of  infor 
mation,  by  reading  and  observation.  He  remembered, 
also,  the  ancestral  proverb  : — "  Was  man  in  der  ju- 
gend  wunscht,  hat  man  in  alter  die  fulle"  This  it 
was  that  inspired  his  efforts,  and  led  him  to  encourage 
the  ambition  to  gain  for  himself  an  honorable  name  in 
the  world.  His  good  judgment,  his  general  intelli 
gence,  his  acuteness,  and  his  shrewdness  of  observa 
tion,  were  early  noticed  by  his  friends  and  acquaint 
ances.  "  Many  a  word  spoken  in  jest/'  says  the 
historian  of  Schoharie  county,  "  becomes  prophetic. 
About  the  year  1820,  an  honest  farmer  living  on  Fox 


EARLY    POLITICAL    PREFERENCES.  695 

creek  held  a  conversation  with  a  friend  of  ours,  in 
which  Mr.  Bouck  was  mentioned.  Of  the  latter  gen 
tleman,  the  former  thus  remarked  :  '  Depend  upon  it, 
that  man  will  yet  be  governor  of  this  state ;  for,  in 
stead  of  going  round  a  hill,  as  other  men  do,  to  see 
what  is  on  the  opposite  side,  he  looks  right  through  it* 
This  casual  remark  was  made  at  a  time  when  his  Ex 
cellency's  intimate  friends  did  not  anticipate  for  him  a 
seat  in  the  gubernatorial  chair  of  the  state."* 

Before  he  became  a  voter,  he  was  deeply  engaged  in 
politics.  He  was  an  ardent  and  zealous  adherent  of 
Jefferson  and  Madison,  and  through  life  has  been  an 
undeviating  republican  and  democrat.  On  all  occa 
sions,  he  has  supported  the  party  to  which  he  belonged, 
its  men  and  its  measures,  with  zeal  and  efficiency  ; 
and  it  is  probable  that  Schoharie  county  is  more  in 
debted  to  him  for  the  steady  uniformity  of  her  political 
character,  during  the  last  forty  years,  than  to  any  other 
individual. 

Being  extensively  connected,  and  widely  and  favor 
ably  known,  he  was  brought  into  public  life  at  an  early 
age.  In  the  spring  of  1807,  being  then  twenty-one 
years  of  age,  he  was  chosen  clerk  of  his  native  town, 
and  for  the  two  following  years  was  elected  its  super 
visor.  In  1811,  he  was  nominated  by  the  republican 
convention  in  his  county  for  the  office  of  sheriff,  then 
filled  by  the  appointment  of  the  Governor  and  Coun- 

*  Simms'  History  of  Schoharie  County  and  Border  Wars  of  New 
York,  p.  627,  (note.) 


696  WILLIAM    C.    BOUCK. 

cil,  but  he  declined  accepting  it.  The  next  year,  he 
was  a  delegate  to  the  senatorial  convention  for  the 
Western  District,  held  at  Onondaga,  and  took  an 
active  and  influential  part  in  its  proceedings.  In  the 
same  year,  (1812)  he  concluded  to  accept  the  office  of 
sheriff,  in  compliance  with  the  wishes  of  his  friends, 
and  was  duly  appointed  by  Governor  Tompkins  and 
the  republican  Council.  From  this  office  he  was  re 
moved  by  the  federalists,  when  they  obtained  the 
power  in  the  Council  of  appointment,  in  1813,  the  first 
year  of  the  war.  Mr.  Bouck  had  now  become  a  lead 
ing  politician  in  Schoharie ;  he  was  a  firm  and  fast 
friend  of  Governor  Tompkins,  and  a  warm  supporter 
of  the  war  measures  of  the  national  and  state  adminis 
trations.  His  removal  from  office  did  not  weaken  or 
impair  his  influence,  but  rather  added  to  it ;  for  the  in 
habitants  of  the  county  were  much  attached  to  him, — 
they  were  almost  like  one  family,  and  adhered  to  each 
other  with  something  of  a  clannish  spirit,  in  the  better 
and  original  sense  of  that  term. 

Once  fairly  started  upon  the  high-road  of  political 
preferment,  his  prospects  brightened  at  every  step,  and 
success  became  more  easy  of  achievement.  His  saga 
cious  foresight,  his  prudence  and  discretion,  served  him 
in  great  stead ;  and  his  reputation  for  influence  soon 
extended  beyond  the  limits  of  his  own  county.  Im 
mediately  after  his  removal  from  the  office  of  sheriff, 
in  the  spring  of  1813,  he  was  elected  a  member  of 
assembly  by  the  republicans  of  Schoharie.  He  was 


CHOSEN    STATE    SENATOR.  697 

twice  reflected  to  the  same  position,  in  1814  and  18]  5, 
and  returned  a  fourth  time,  in  1817.  In  1819  he  was 
appointed  colonel  of  the  18th  regiment  of  infantry, 
"the  duties  of  which  office,"  says  Mr.  Simms,  "he 
discharged  with  becoming  dignity  and  skill."*  At 
the  April  election  in  1820,  he  was  chosen  one  of  the 
senators  from  the  then  Middle  district  of  the  state.  He 
remained  in  the  Senate  till  his  term  was  ended,  and 
his  services  dispensed  with,  under  the  new  Consti 
tution. 

Very  soon  after  he  entered  public  life,  he  formed  the 
acquaintance  of  Martin  Van  Buren,  and  became  his 
intimate  political  friend.  Under  his  lead,  he  supported 
Governor  Tompkins  to  the  close  of  his  career ;  with 
him  he  opposed  the  administration  of  Mr.  Clinton  ;  and 
contributed  most  efficiently  to  the  organization  of  the 
Bucktail  party.  He  also  opposed  the  administration  of 
the  younger  Adams,  aided  in  the  elevation  of  General 
Jackson  to  the  chief  magistracy  of  the  nation,  and  ad 
hered  to  the  fortunes  of  Mr.  Van  Buren  till  the  end  of 
his  presidential  term. 

In  the  legislature  Mr.  Bouck  was  not  distinguished 
as  a  debater.  He  was  rarely  seen  upon  the  floor.  But 
in  the  committee  room,  and  in  the  private  consulta 
tions  of  members,  his  practical  good  sense,  his  native 
talent,  his  judgment  and  discernment,  were  highly 
prized,  and  oftentimes  were  of  great  service  to  his  con 
stituents.  To  his  party,  his  shrewdness  and  tact,  his 

*  History  of  Schoharie,  etc.,  p.  627. 
30 


698  WILLIAM    C.    BOUCK. 

prudence,  and  his  address  in  the  management  of  men, 
were  invaluable. 

It  would,  perhaps,  be  improper  to  class  him  among 
the  original  friends  of  the  canal  policy.  He 'had  not 
over  much  confidence  in  the  soundness  of  Mr.  Clinton's 
views  on  the  subject  of  internal  improvements  ;  he  be 
lieved  him  to  be  both  enthusiastic  and  visionary  ;  and, 
being  a  warm  political  opponent,  he  looked  with  disfa 
vor  upon  his  recommendations.  But  he  was  one  of 
the  first,  among  those  who  had  doubted,  to  appreciate 
the  immense  advantages  that  would  be  derived  from 
the  construction  of  the  Erie  and  Champlain  canals ; 
and  when  it  was  proposed  to  pledge  some  of  the  most 
important  revenues  of  the  state,  to  secure,  beyond 
question,  the  ultimate  payment  of  the  debt  to  be  con 
tracted,  he  gave  the  measure  his  cordial  and  hearty 
support. 

By  an  act  of  the  Legislature,  passed  in  1821,  pro- 
vision  was  made  for  the  appointment  of  an  additional 
canal  commissioner.  The  character  of  Mr.  Bouck  for 
sagacity  and  ability,  as  a  business  man,  now  stood  so 
high,  that  he  was  recommended  for  the  new  office, 
though  not  an  applicant  for  it,  by  the  people  of  the  in 
terior  counties  of  the  state,  who  thought  they  were 
entitled  to  a  commissioner,  without  distinction  of  party. 
He  was  a  rigid  party  man,  however,  and  sought  no 
appointment  except  through  the  instrumentality  of  his 
political  friends.  He  received  the  unanimous  nomina 
tion  of  the  republican  legislative  caucus,  after  several 


APPOINTED    CANAL    COMMISSIONER.  699 

efforts  had  been  made  to  unite  upon  one  of  the  more 
prominent  candidates  ;  and  was  afterward  chosen  to  fill 
the  office  by  the  two  branches  of  the  Legislature,  with 
out  a  dissenting  vote  except  that  of  one  senator,  Judge 
Rosecrantz,  of  Herkimer  county,  who  did  not  object  to 
Mr.  Bouck  personally,  but  he  considered  the  appoint 
ment  of  an  additional  commissioner  unnecessary.* 

It  was  with  unfeigned  reluctance  that  Mr.  Bouck  ac 
cepted  this  office.  The  position  was  an  honorable,  but 
an  arduous  one, — full  of  responsibility,  and  environed 
with  cares,  perplexities,  and  embarrassments.  It  was 
anticipated  that  he  would  be  assigned  to  the  western 
section  of  the  Erie  Canal,  the  most  difficult  portions 
of  which  were  yet  to  be  constructed.  He  was  not 
disposed,  however,  to  put  his  hand  to  the  plough  and 
look  back.  The  appointment  was  accepted  ;  the  ne 
cessary  bonds  were  given  ;  and  shortly  after  the  ad 
journment  of  the  Legislature,  he  entered  upon  the  per 
formance  of  his  official  duties.  He  was  assigned  by 
his  colleagues  to  the  western  section,  as  the  successor 
of  the  late  Myron  Holley,  and  superintended  the  con 
struction  of  the  canal,  from  Brockport  to  its  termina 
tion  at  Lake  Erie,  including  the  passage  of  the  Moun 
tain  Ridge  at  Lockport,  the  most  difficult  part  of  the 
whole  line. 

*  Mr.  Hammond  says  that  Judge  Rosecrantz  declared  he  would 
"nevfr  vote  for  a  bucktail,''  (Political  History,  vol.  i.,  p.  564  ;)  but  the 
above  is  the  reason  assigned  for  his  vote,  at  the  time,  to  the  friends  of 
Mr.  Bouck 


700  WILLIAM    C.    BOUCK. 

"  Who,  at  the  west,  who  had  cognizance  of  those 
times  and  their  local  events,  does  not  remember  how 
faithful  and  indefatigable  he  was  in  the  discharge  of 
his  duties  ? — or,  almost  imagine  that  they  can  see  him 
now,  as  they  saw  him  in  those  primitive  canal  times, 
traversing  the  forest  on  horseback  and  on  foot,  from 
the  log  shanties  of  one  contractor  to  those  of  another ; 
sleeping  and  eating  where  emergency  made  it  neces 
sary,  in  quarters  no  matter  how  rude  or  humble  ;  or  in 
his  room  at  the  old  '  Cottage'  in  Lockport,  coolly  and 
good-naturedly  resisting  the  fierce  importunities  of  the 
dissatisfied  contractor  ;  yielding  to  exigencies  here  and 
there,  when  public  interest  demanded  it,  or  strenuous 
and  unyielding  when  it  did  not ;  pressing  on  the  diffi 
cult  work  upon  the  Mountain  Ridge,  amid  great  diffi 
culties  and  embarrassments ;  persevering  to  the  end, 
until  he  had  seen  the  last  barrier  removed  that  pre 
vented  the  flow  of  the  waters  of  Lake  Erie  through 
their  long  artificial  channel."* 

For  much  the  greater  part  of  the  distance  west  of 
Rochester,  the  line  of  the  Erie  Canal,  when  first  located, 
passed  through  a  dense  forest,  that  Mr.  Bouck  was 
obliged  constantly  to  traverse,  on  horseback,  in  the  dis 
charge  of  his  duties ;  often  carrying  with  him  large 
sums  of  money,  which  rendered  his  position  by  no 
means  a  desirable  one.  His  monthly  payments  to  con 
tractors,  during  the  season  of  active  operations,  aver 
aged  about  one  hundred  thousand  dollars,  and  were 

*  History  of  the  Holland  Purchase,  p.  631. 


DUTIES    AS    COMMISSIONER.  701 

made  in  the  notes  of  the  Albany  banks,  instead  of 
drafts,  or  country  funds ;  the  commissioners  of  the 
canal  fund  having  made  an  arrangement  with  them,  by 
which  they  obtained  the  necessary  advances  of  money, 
on  more  favorable  terms  than  they  could  have  done 
elsewhere,  upon  the  condition  that  their  notes  should 
be  paid  out  by  the  canal  commissioners  on  the  line. 
This  mode  of  disbursement,  though  beneficial  to  the 
state  in  a  pecuniary  point  of  view,  imposed  an  addi 
tional  burden  of  labor  and  responsibility  upon  the 
commissioners  on  the  Western  Section. 

The  work  on  this  section  was  pressed  to  completion 
as  rapidly  as  was  possible,  with  the  means  placed  at 
the  disposal  of  Mr.  Bouck  ;  but  with  all  his  energy  and 
perseverance,  it  was  not  till  the  fall  of  1825,  that  the 
barrier  at  the  Mountain  Ridge  was  finally  overcome. 
This  was  the  last  obstacle,  in  the  way  of  an  uninter 
rupted  communication  between  the  Hudson  and  Lake 
Erie,  to  be  removed  ;  and  to  it  a  very  large  share  of 
his  time  and  attention  had  been  given.  At  length,  on 
the  29th  of  September,  he  was  able  to  announce  to  the 
president  of  the  canal  board,  that  the  unfinished  parts 
of  the  canal  would  be  in  readiness  to  admit  the  passage 
of  boats  on  the  26th  of  October  following.  The  work 
at  the  Ridge  was  completed  on  the  evening  of  the  24th 
of  October,  when  the  guard  gates  were  raised,  and  the 
filling  of  the  level  commenced.  On  the  25th,  the  en 
tire  canal  from  Albany  to  Buffalo  was  navigable  ;  and 
and  on  the  following  day,  the  packet-boat  "  William  C. 


702  WILLIAM    C.    BOUCK. 

Bouck,"  selected  in  compliment  to  the  commissioner  as 
the  first  boat  to  pass  the  locks  at  Lockport,  ascended 
to  the  Lake  Erie  level,  in  company  with  a  number  of 
other  boats,  to  meet  the  boats  from  Buffalo  on  board 
which  were  Governor  Clinton  and  his  suite. 

Besides  superintending  the  construction  of  the 
Western  Section  of  the  Erie  Canal,  Mr.  Bouck  was 
also  selected  by  his  associates  to  take  charge  of  the 
work  on  the  Cayuga  and  Seneca,  the  Crooked  Lake, 
the  Chemung,  and  the  Chenango  Canals.  All  these 
canals  were  constructed  under  his  superintendence 
and  supervision,  in  addition  to  the  performance  of 
other  important  duties,  and  in  a  manner  that  reflected 
the  highest  credit  on  his  business  tact  and  capacity. 

His  admirable  fitness  for  the  duty  of  overseeing  the 
construction  of  public  works,  and  his  address  in  the 
management  of  contractors  and  laborers,  were  so  well 
known  and  appreciated,  that  in  the  summer  of  1833, 
the  office  of  commissioner  of  the  Utica  and  Schenec- 
tady  railroad  company  was  tendered  to  him,  in  order 
to  secure  his  services  in  superintending  the  building 
of  that  road ;  but  he  preferred  to  remain  in  his  old 
position,  and  therefore  declined  it. 

As  early  as  1833,  he  became  convinced  of  the 
insufficiency  of  the  Erie  Canal  to  do  the  business 
of  the  great  and  growing  west ;  and  that,  unless 
measures  were  taken  to  enlarge  its  capacity,  the  con 
stantly  increasing  trade  of  that  section  of  the  country 
would  be  obliged  to  seek  some  other  avenue  and  out- 


CANALS    CONSTRUCTED    BY    HIM.  703 

%  *»    r  * 

let.  This  conviction  daily  grew  stronger,  and  it  is 
understood  that  the  first  suggestions  in  regard  to  en 
larging  the  canal  emanated  from  him,  and  the  chief 
engineer  in  his  employ.  Whether  this  be  correct  or 
not,  it  is  quite  certain  that  he  has  ever  been  the  con 
stant  and  unwavering  advocate  of  the  Erie  Canal  en 
largement. 

For  nineteen  years  he  was  continued  in  the  office 
of  canal  commissioner,  having,  during  that  long 
period,  faithfully  expended  and  accounted  for  upward 
of  eight  millions  of  .dollars,  and  rendered  extensive 
and  important  services  to  the  state  in  the  construction 
of  her  public  works.  By  his  persevering  industry, 
and  his  devotion  to  the  public  interests,  he  obtained 
the  confidence  of  the  people  in  an  eminent  degree, 
and  retained  it  to  the  last.  When  the  whigs  had 
secured  a  majority  in  both  branches  of  the  legislature, 
in  1840,  it  was  proposed  to  remove  him ;  but  at  the 
first  caucus  of  the  whig  members,  it  is  said,  there  were 
only  eleven  votes  in  favor  of  the  proposition.  A 
large  number  of  his  opponents  desired  to  have  him 
continued  in  office,  on  account  of  his  great  experi 
ence  ;  but  political  considerations  decided  the  question, 
and  his  removal  took  place  at  the  session  of  the  Legis 
lature  in  that  year. 

While  he  had  held  the  office,  he  had  become  exten 
sively  known  to  the  citizens  of  all  parts  of  the  state. 
"  The  old  white  horse,"  as  he  was  called,  in  allusion  to 
a  favorite  animal  which  he  had  rode  for  many  years, 


704  WILLIAM    C.    BOUCK. 

was  as  familiar  on  the  line  of  the  canals,  as  was  "  old 
whitey"  in  the  camp  of  General  Taylor.  Wherever 
he  was  known,  too,  he  was  respected  ;  and  his  remo 
val  was  regretted,  even  by  those  who  justified  it  upon 
party  grounds.  Public  sentiment  was  so  strongly 
manifested  in  his  favor,  and  the  sympathies  of  his 
party  were  so  warmly  aroused  on  account  of  his 
removal,  that  he  was  regarded  as  the  prominent  candi 
date  for  the  gubernatorial  nomination,  long  before  the 
assembling  of  the  democratic  state  convention  in  the 
fall  of  1840. 

Other  gentlemen  were  voted  for  in  the  convention ; 
but  Mr.  Bouck  received  a  majority  on  the  first,  or 
informal  ballot,  and  was  then  unanimously  nominated 
as  the  democratic  candidate  for  governor.  Daniel  S. 
Dickinson,  of  ^Broome  county,  was  at  the  same  time 
selected  as  the  candidate  for  lieutenant-governor. 
The  election  of  1840,  it  will  be  remembered,  was  con 
ducted  with  unusual  warmth  and  spirit.  Mr.  Bouck 
was  highly  popular  with  the  friends  of  the  canals,  and 
not  particularly  obnoxious  to  the  conservative  op 
ponents  of  Mr.  Van  Buren.  Consequently,  his  vote 
was  a  large  one, — exceeding  that  of  the  Tan  Buren 
electoral  ticket,  by  upward  of  four  thousand.  His  op 
ponent,  Governor  Seward,  who  was  then  a  candidate 
for  re-election,  also  fell  behind  the  whig  electoral 
ticket  about  the  same  number  of  votes ;  but  he  suc 
ceeded  over  Mr.  Bouck,  by  a  little  over  five  thousand 


CONSERVATIVES    AND    RADICALS.  705 

majority,  in  a  poll  of  four  hundred  and  forty  thousand 
votes. 

The  ancient  difficulties  and  divisions  in  the  demo 
cratic  party  growing  out  of  the  internal  improvement 
system  and  the  construction  of  the  lateral  canals,  still 
continued  to  interfere  with  and  to  prevent  its  harmoni 
ous  action.  There  were,  in  truth,  two  factions,  the 
differences  between  which  had  been  constantly  grow 
ing  wider  since  the  administration  of  Governor 
Throop.  The  one,  afterward  known  as  conservative 
democrats  or  hunkers,  were  in  favor  of  prosecuting 
the  public  works  to  completion,  and  of  commencing 
others  that  promised  eventually  to  be  profitable,  but 
not  of  increasing  the  debt  of  the  state  to  a  large 
amount.  The  other  faction,  subsequently  called  radi 
cals  or  barnburners,  were  opposed  to  the  construction 
of  any  work  that  would  not  pay  for  itself,  and  to  any 
increase  of  the  state  debt  ;  and  they  thought  that  the 
canals  should  be  charged  with  all  the  revenues,  such 
as  the  salt  and  auction  duties,  originally  set  apart  for 
their  construction,  and  that  this  debt  to  the  general 
fund,  in  which  light  they  regarded  it,  ought  to  be  paid 
before  any  other  new  liabilities  for  purposes  of  im 
provement  were  incurred.  The  conservative  demo 
crats,  on  the  other  hand,  insisted,  that  these  revenues 
had  been  very  largely  augmented  by  the  construction 
of  the  canals,  and  that  it  would  be  unjust  to  charge 
them  with  moneys  which  they  had  thus  indirectly 
earned  for  the  state.  Minor  questions,  and  personal 

30* 


45 


706 


WILLIAM    C.    BOUCK. 


considerations,  no  doubt,  had  their  influence  in  pro 
moting  the  division  between  the  two  factions ;  but  the 
main  causes  of  difference,  as  respected  measures,  had 
reference  to  the  canal  and  financial  policy  of  the 
state. 

At  the  head  of  the  conservatives  were  Mr.  Bouck, 
Mr.  Croswell,  the  editor  of  the  Albany  Argus,  Samuel 
Beardsley,  Daniel  S.  Dickinson,  Henry  A.  Foster,  and 
Horatio  Seymour.  The  radicals  followed  the  lead  of 
Samuel  Young,  Azariah  C.  Flagg,  George  P.  Barker, 
and  Michael  Hoffman.  Mr.  Van  Buren,  ex- Governor 
Marcy,  and  Silas  Wright,  had  not  been  much  identified 
with  state  politics  for  a  number  of  years  ;  but  Gover 
nor  Marcy  was  understood  to  sympathize  with  the 
conservatives  in  preference  to  the  ultra  policy  of  the 
radicals,  and  Mr.  Van  Buren  and  Mr.  Wright  were 
inclined  to  favor  the  latter. 

There  were,  of  course,  various  shades  of  opinion 
among  the  members  of  the  two  factions ;  and  many 
leading  politicians  were  not  disposed  to  take  sides  at 
all;  yet  the  division  in  opinion,  marked  as  has  been 
stated,  really  existed,  though  not  made  so  apparent  at 
this  time  as  after  the  lapse  of  a  few  years. 

While  the  whigs  were  in  power,  the  canal  debt  was 
largely  increased.  The  democrats  took  advantage  of 
this ;  and  the  radicals  being  more  earnest  than  the 
other  faction  in  condemning  the  policy  of  the  oppo 
sition,  when  their  party  regained  the  ascendency,  they 
conti  oiled  its  movements  for  a  time.  The  democratic 


THE    STATE    FINANCES.  707 

state  officers  and  canal  commissioners  elected  in  1842 
were  mostly  radicals,  and  that  faction  was  considera 
bly  the  stronger  in  the  Legislature.  For  several 
years,  the  radicals  had  advocated  the  amendment  of 
the  constitution  so  as  to  require  every  law  increasing 
the  state  debt,  except  for  purposes  of  defence  against 
invasion  and  in  case  of  war,  to  be  submitted  to  the 
electors  for  their  approbation,  to  be  indicated  by  their 
votes,  before  it  should  take  effect.  Resolutions  of 
that  purport  were  proposed  in  1841  and  1842,  but 
defeated  by  the  whigs  and  ultra  conservatives  in  the 
Legislature. 

At  the  session  of  1842,  the  subject  of  the  state 
finances  was  discussed  at  length,  and  a  law  was  en 
acted  suspending  the  completion  of  the  public  works, 
imposing  a  direct  tax,  and  pledging  a  portion  of  the 
canal  revenues  as  a  sinking  fund  for  the  payment  of 
the  existing  debt.  This  law  was  a  radical  measure ; 
it  having  originated  with  the  Comptroller,  Azariah  C. 
Flagg.  The  act  was  entitled  "  an  act  to  provide  for 
paying  the  debt  and  preserving  the  credit-  of  the 
state,"  but  is  commonly  known  as  "  the  stop  and  tax 
law  of  1842." 

It  was  with  very  great  reluctance  that  many  of  the 
leading  conservative  democrats  gave  their  consent  to 
the  passage  of  this  law,  and  they  made  every  effort  to 
procure  such  amendments  as  would  enable  the  canal 
commissioners  gradually  to  complete  the  unfinished 
works,  where  they  were  far  advanced,  without  any 


708  WJLLIAM    C.    BOUCK. 

suspension  as  to  them.  Governor  Bouck  himself  was 
not  friendly  to  the  suspension,  but  was  in  favor  of 
sending  an  agent  to  Holland  to  negotiate  a  loan.  This 
was  his  individual  opinion  as  to  the  proper  course  to 
be  pursued,  but  he  soon  found  that  a  large  majority, 
even  of  the  conservative  democrats,  were  disposed  to 
support  the  "  stop  and  tax'*  policy  cordially  and  in 
good  faith,  whereupon  he  ceased  his  opposition  to  the 
bill. 

Ever  since  his  defeat  in  1840,  Governor  Bouck  had 
been  the  prominent  candidate  for  the  next  gubernato 
rial  nomination.  In  the  winter  and  spring  of  1842, 
however,  a  number  of  the  prominent  radicals  took 
pretty  strong  ground  against  him,  yet  they  were  un 
able  to  secure  a  majority  of  the  delegates  to  the  dem 
ocratic  state  convention  who  were  opposed  to  his 
nomination.  The  convention  assembled  at  Syracuse 
on  the  7th  of  October,  1842.  At  a  private  and  in 
formal  meeting  of  the  delegates,  it  was  ascertained 
that  Mr.  Bouck  was  the  first  choice  of  a  large  majority, 
and  he  was  accordingly  nominated,  unanimously,  in 
the  convention,  with  Mr.  Dickinson  as  the  candidate 
for  lieutenant-governor.  Resolutions  were  also  adopt 
ed,  pledging  the  party,  and,  of  course,  its  candidates, 
to  the  financial  policy  of  1842.  This  seemed  to  sat 
isfy  the  radicals,  and  they  united  with  apparent  hearti 
ness  in  the  support  of  the  nominations. 

The  opponents  of  Mr.  Bouck  and  Mr.  Dickinson 
were  Luther  Bradish  and  Gabriel  Furman.  Both 


EMBARRASSMENTS    OF    HIS    ADMINISTRATION.        709 

were  gentlemen  of  high  standing  in  the  whig  party, 
and  they  were  sustained  with  a  good  degree  of  en 
thusiasm.  But  the  tide  had  turned ;  the  internal  im 
provement  and  financial  policy  of  the  whigs  was  not 
popular  with  the  people  ;  and  the  ascendency  of  the 
democratic  party  in  the  state  was  completed  by  the 
election  of  their  candidates  for  governor  and  lieuten 
ant-governor,  by  about  twenty-two  thousand  majority. 
On  the  1st  day  of  January,  1843,  Mr.  Bouck  took 
the  oath  of  office  as  governor  of  the  state.  Notwith 
standing  the  united  efforts  of  the  democratic  party 
had  placed  him  in  the  gubernatorial  chair,  it  was  evi 
dent  that  a  collision  would  soon  take  place  between 
the  two  factions,  and  the  ultra  leaders,  on  both  sides, 
were  not  at  all  backward  in  expressing  their  desire  to 
have  it  take  place.  At  the  democratic  legislative 
caucus  in  1842,  called  for  the  selection  of  state  officers, 
the  nomination  of  Samuel  Beardsley,  a  prominent  con 
servative  democrat,  to  the  office  of  attorney-general, 
which  he  had  held  when  his  party  lost  the  political 
control  of  the  state,  was  opposed  and  defeated  by  the 
radical  friends  of  Mr.  Young  and  Mr.  Flagg.*  This 
was  an  indication  of  the  spirit  existing  on  one  side ; 
and  on  the  other,  there  was  a  similar  feeling  exhibited, 
to  take  care  of  their  friends  and  to  put  down  their  op 
ponents,  whenever  they  had  the  power  to  do  so. 

*  The  radicals  justified  their  opposition  to  Mr.  Beardsley,  upon  the 
ground  that  his  friends  had  endeavored  to  prevent  the  reelection  of 
Silas  Wright  as  a  Senator  in  Congress,  in  the  winter  of  1837. 


710  WILLIAM    C.    BOUCK. 

Sometime  previous  to  the  assembling  of  the  Legisla 
ture  in  January,  1843,  various  suggestions  were  thrown 
out  in  the  democratic  journals  belonging  to  the  radical 
interest,  as  to  who  should,  and  who  should  not,  be  the 
advisers  of  Governor  Bouck.  His  position,  therefore, 
was  one  of  great  delicacy  :  at  the  very  threshold  of 
his  administration,  he  encountered  difficulties  and  em 
barrassments  of  the  greatest  character ;  and  their  dis 
turbing  influence  was  felt  from  its  beginning  to  its 
close.  Like  most  men  in  his  situation,  he  seems  to 
have  been  impressed  with  the  idea  that  he  could  con 
ciliate  and  harmonize  the  conflicting  elements,  and  at 
the  same  time  make  the  support  of  his  administration 
the  test  of  party  fidelity.  This  was  his  mistake, — the 
great  defect  in  his  policy.  If  he  had  discountenanced 
the  idea  of  any  divisions  in  the  party,  or  the  existence 
of  any  unfriendly  feelings  towards  himself  or  his  ad 
ministration,  it  is  very  doubtful  whether  efforts  at  con 
ciliation,  under  such  circumstances,  would  have  suc 
ceeded.  But  as  the  support  of  his  administration  and 
its  measures  was  exacted,  he  should  have  made  no 
compromise  with  those  democrats  who  opposed  it,  but 
entirely  excluded  them  from  his  selections  for  official 
appointments. 

Being  the  first  democratic  executive,  after  a  whig 
administration  of  four  years,  he  was  called  upon  to 
exercise  the  appointing  power  to  a  greater  extent  than 
any  one  of  his  predecessors,  with  the  exception  of 
Governor  Yates.  It  was  impossible  for  him  to  avoid 


THE    STATE    OFFICERS.  711 

incurring  the  hostility  of  those  who  were  disappointed, 
though  it  appears  to  have  been  his  desire  to  give  gen 
eral  satisfaction.  Yet,  instead  of  strengthening  him 
self  by  his  appointments,  he  was  almost  always  gov 
erned  by  the  recommendations  of  county  conventions, 
or  by  the  wishes  of  the  democratic  members  of  the 
legislature  from  the  respective  counties.  Where  he 
was  left  free  to  act  in  accordance  with  his  own  prefer 
ences,  he  usually  made  his  selections,  especially  for 
important  offices,  from  among  the  conservative  demo 
crats.  Toward  the  latter  part  of  his  administration, 
he  pursued  this  course  more  generally  than  he  had 
before  done ;  but  it  was  then  too  late  to  bring  the 
whole  appointing  power  to  bear  in  his  favor. 

His  course  in  regard  to  appointments,  taking  the 
entire  period  of  his  administration  together,  may  be 
said  to  have  been  as  conciliatory  and  impartial  as 
could  well  have  been  expected,  although  he  evinced 
but  little  tact  in  strengthening  himself.  The  radical 
state  officers,  on  the  other  hand,  pursued  a  different 
policy.  They  had  the  control  of  the  canal  board, 
though  with  much  less  patronage  ;  yet  they  made  all 
their  appointments  from  their  own  particular  friends, 
and  ultimately  carried  a  large  portion,  perhaps  a  ma 
jority,  of  the  democratic  party  with  them,  in  opposition 
to  the  administration  of  Governor  Bouck. 

A  quasi  feeling  of  hostility  to  the  governor  was 
manifested  on  the  part  of  the  state  officers,  at  the  very 
outset  of  his  administration.  Ever  since  the  adoption 


712  WILLIAM    C.    BOUCK. 

of  the  constitution  of  1821,  it  had  been  the  invariable 
custom  of  the  democratic  governors  to  draft  their 
messages,  and  then  to  submit  them  to  more  or  less  of 
the  state  officers,  or  to  their  immediate  confidential 
friends  and  advisers.  This  was  always  done  at  the 
residence  of  the  governor,  or  at  the  executive  chamber. 
On  these  occasions  the  messages  were  read  over  care 
fully,  and  freely  criticized ;  new  suggestions  were 
offered,  and  corrections  and  alterations  were  often 
made.  Governor  Bouck  did  not  depart  from  this 
practice.  He  wrote  out  his  first  message  himself; 
and,  after  submitting  it  to  a  few  confidential  friends, 
as  his  predecessors  had  frequently  done,  he  invited  the 
state  officers  to  the  usual  reading  and  discussion  of  the 
message.  They  had  declined  meeting  the  governor  at 
his  residence,  or  at  the  Executive  Chamber,  but  re 
quired  him  to  meet  them  at  the  state  hall.  He  com 
plied  with  their  wishes  ;  the  message  was  read  over  in 
their  presence,  but  no  alterations  were  made  or  sug 
gested  by  either  of  them.  Some  of  the  radical  presses 
afterward  criticized  it  with  some  severity.  For  this 
reason  probably,  the  second  message,  delivered  to  the 
legislature  in  January,  1844,  was  not  submitted  to  a 
similar  ordeal.  The  breach  between  the  governor 
and  the  state  officers  had  then  become  marked  and  de 
cided,  and  neither  party  seemed  desirous  of  consulting 
with  or  advising  the  other. 

Immediately  after  the  organization  of  the  Legislature 
in  1843,  a  warm  contest  sprung  up  with  reference  to 


ELECTION    OF    STATE    PRINTER.  713 

the  election  of  a  state  printer  in  the  place  of  Thurlow 
Weed,  the  editor  of  the  Albany  Evening  Journal,  and 
the  incumbent  of  the  office  during  the  administration 
of  Governor  Seward.  The  radicals  were  exceedingly 
anxious  to  prevent  the  election  of  Mr.  Croswell,  of  the 
Albany  Argus,  but  they  entirely  failed  in  their  efforts 
to  defeat  him.  He  was  again  chosen  to  the  office  he 
had  formerly  held,  and  his  opponents  then  rallied 
around  the  Albany  Evening  Atlas,  a  paper  recently 
established  at  the  capital,  and  for  several  years  after 
ward  edited  and  published  by  James  M.  French  and 
William  Cassidy.  A  bitter  editorial  warfare  was  now 
carried  on  between  the  Argus  and  Atlas  ;  the  demo 
cratic  papers  throughout  the  state,  with  here  and  there 
an  exception  that  endeavored  to  remain  neutral,  ranged 
themselves  on  one  side  or  the  other ;  and  the  line  of 
division  between  the  two  factions  daily  grew  broader, 
while  the  whigs  did  all  in  their  power  to  widen  the 
breach. 

From  this  time  forward  there  was  an  entire  want  of 
harmony  among  the  democratic  members  of  the  Legis 
lature.  The  radicals  united  with  the  whigs  to  defeat 
the  nominations  of  Governor  Bouck  where  they  were 
objectionable  to  them ;  and  at  the  close  of  the  legisla 
tive  session  in  the  spring  of  1844,  a  number  of  the 
more  ultra  radicals  refused  to  sign  the  customary  pro 
ceedings  of  the  party  caucus,  because  resolutions  had 
been  adopted  approving  of  the  course  of  the  governor 
and  lieutenant-governor. 


714  WILLIAM    C.    BOUCK. 

Upon  national  politics,  and  in  regard  to  many  ques 
tions  of  state  policy,  the  two  factions  were  pretty  well 
agreed.  In  respect  of  all  great  measures,  too,  the  ad 
ministration  of  Governor  Bouck  was  essentially  demo 
cratic.  In  former  years,  the  subject  of  the  state 
finances  and  the  canal  policy  had  occasioned  consider 
able  difficulty  and  disagreement  in  the  democratic 
party,  but  this  was  nearly  put  to  rest  by  the  law  of 
1842.  Governor  Bouck  himself,  whatever  may  have 
been  his  private  opinions,  does  not  appear,  at  any 
time,  to  have  exerted  the  influence  of  his  office  to 
produce  a  change  in  the  policy  established  by  that 
law.  In  his  annual  message  in  1843,  he  recommended 
the  subject  of  internal  improvements  by  roads  and 
canals  to  the  Legislature,  but  expressed  his  approbation 
of  the  law  of  1842,  and  cautioned  them  against  in 
creasing  the  state  debt  unwisely,  or  authorizing  ex 
travagant  expenditures  or  ill-advised  undertakings. 
In  the  message  of  1844,  he  avowed  similar  sentiments  ; 
and,  while  declaring  himself  friendly  to  objects  of  in 
ternal  improvement,  he  laid  down  this  principle, — that 
"a  debt,  for  the  purposes  of  internal  improvement, 
should  not  be  extended  beyond  the  ability  of  those 
improvements  to  meet  the  interest,  and  ultimately  re 
deem  the  principal." 

Some  of  the  conservative  friends  of  the  governor, 
however,  were  in  favor  of  modifying  the  law  of  1842, 
so  as  to  permit  the  early  completion  of  the  unfinished 


FINANCIAL    POLICY.  715 

works,  and  made  repeated  efforts  to  accomplish  that 
object  in  1843  and  1844.*  But  they  were  not  sus 
tained  by  a  majority  even  of  those  who  belonged  to  the 
same  faction  with  themselves,  and,  of  course,  failed  in 
every  attempt.  This  did  not  satisfy  the  radicals ;  and 
they  were  desirous  of  putting  the  matter  entirely  be 
yond  the  control  of  the  Legislature.  For  this  purpose, 
their  proposition  to  amend  the  constitution  was  again 
brought  forward  in  1843,  but  was  defeated  by  the  votes 
of  the  whigs  and  conservative  democrats.  The  prin 
ciple  of  this  amendment  proved  to  be  popular  with  the 
tax-payers  of  the  state,  and  at  most  of  the  democratic 
county  and  senatorial  conventions,  in  the  fall  of  1843, 
it  was  warmly  approved.  In  deference  to  this  expres 
sion  of  his  party,  Governor  Bouck  recommended,  in 
his  annual  message  in  1844,  that  some  constitutional 
checks  should  be  adopted  against  the  creation  of  a 
debt;  that  the  Legislature  should  be  deprived  of  the 
power  to  make  loans  to  corporations  ;  and  that  every 
appropriation  of  the  public  money  should  require  a 
vote  of  two  thirds  of  the  members  of  the  legislature. 
In  the  mean  time  a  number  of  the  leading  radicals 

*  An  act,  drawn  up  by  Mr.  Seymour,  one  of  Mr.  Bouck's  confiden 
tial  friends,  passed  the  Legislature  in  1844,  appropriating  a  part  of  the 
surplus  revenue,  after  complying  with  the  provisions  of  the  law  of 
1842,  to  the  completion  of  the  unfinished  works.  The  radicals  opposed 
this  measure,  and  insisted  that  it  was  contrary  to  the  spirit  of  the  law 
of  1842,  though  they  did  not  claim  that  it  was  a  violation  of  the  letter, 
to  make  any  such  appropriations  until  the  existing  debt  should  be 
paid. 


716  WILLIAM    C.    BOUCK. 

had  taken  ground  in  favor  of  a  convention  to  revise 
the  constitution,  and  a  large  portion  of  the  whigs  ap 
peared  to  be  friendly  to  the  suggestion.  This  project 
was  agitated  in  the  Legislature  of  1844,  but  as  nearly 
all  the  conservative  democrats  now  ceased  their  oppo 
sition  to  the  amendment  of  the  constitution  which  the 
radicals  had  urged,  no  definite  action  was  had  upon  it. 
The  resolutions  of  amendment,  defeated  in  1843,  were 
once  more  taken  up,  and  being  sustained  by  almost  the 
united  vote  of  the  democratic  party  in  the  Legislature, 
were  adopted  by  a  large  majority.  This  did  not  ter 
minate  the  dispute  between  the  two  factions  ;  because 
the  resolutions  were  to  be  referred  to  the  succeeding 
Legislature,  according  to  the  provisions  of  the  constitu 
tion  of  1821,  and  then  submitted  to  the  electors  of  the 
state. 

During  the  two  years  of  Governor  Bouck's  adminis 
tration,  the  democrats  had  the  control  of  both  branches 
of  the  Legislature,  but  the  contests  between  the  two 
factions  interfered  very  much  with  the  proper  business 
of  legislation. 

Among  the  recommendations  of  the  governor,  not 
before  mentioned,  were  the  amendment  of  the  consti 
tution  so  as  to  increase  the  efficiency  of  the  judiciary 
of  the  state,  the  modification  and  alteration  of  the 
safety-fund  law  so  as  to  secure  more  perfect  protection 
against  losses  by  the  failure  of  the  banks,  and  the  im 
provement  of  the  militia  system.  He  also  advised  the 
passage  of  a  law  directing  the  locks  on  the  canals  to 


OPPOSITION    TO    HIS    RENOMlNATIOtf.  .     717 

be  closed  on  the  Sabbath,  provided  it  was  thought  by 
the  Legislature  that  such  a  law  could  be  enforced. 

After  the  adjournment  of  the  Legislature  in  the 
spring  of  1844,  the  opposition  to  Governor  Bouck  be 
came  more  decided  than  ever.  The  course  of  the 
radical  members  in  refusing  to  approve  of  the  measures 
and  policy  of  his  administration  was  commended  by  all 
the  presses  in  that  interest,  and  as  warmly  condemned 
by  those  belonging  to  the  opposite  faction. 

It  was  now  very  evident  that  his  renomination  would 
be  opposed  with  considerable  earnestness.  Indeed,  some 
of  the  radical  papers  had,  during  the  previous  winter, 
openly  advocated  the  selection  of  another  candidate. 
Among  others,  whose  names  were  presented  to  suc 
ceed  him  in  the  gubernatorial  office,  was  the  late  Silas 
Wright,  then  a  senator  in  Congress.  Mr.  Wright  had 
taken  no  part  in  the  divisions  and  contests  of  the  two 
factions  in  the  democratic  party  of  the  state,  and 
Governor  Bouck  was  very  willing  to  decline  a  renom 
ination  in  his  favor.  Accordingly,  in  the  month  of 
April,  1844,  a  friend  of  Mr.  Bouck  addressed  a  letter  to 
Mr.  Wright,  informing  him  that  the  former  would  cheer 
fully  yield  if  he  would  accept  a  nomination.  In  reply, 
Mr.  Wright  said,  that  under  no  circumstances,  which 
he  could  anticipate,  would  he  consent  to  become  a 
candidate.  To  this  determination  Mr.  Wright  ad 
hered,  although  he  did  not  go  so  far  as  absolutely  to 
forbid  the  use  of  his  name.  Still,  it  is  quite  evident 


718  WILLIAM    C.    BOUCK. 

he  had  no  desire  to  leave  the  Senate,  or  to  mix  himself 
up  with  the  party  feuds  in  New  York. 

Notwithstanding  Mr.  Wright's  feelings  and  wishes 
were  made  known  through  the  democratic  papers,  the 
radicals  persisted  in  urging  his  name.  They  were  soon 
joined  by  all  the  moderate  men  in  the  party,  who  an 
ticipated  defeat  if  he  were  not  the  candidate,  and  he 
was  finally  nominated  over  Governor  Bouck  by  the 
democratic  state  convention. 

Governor  Bouck  and  his  friends,  however,  cheerfully 
supported  Mr.  Wright  at  the  polls.  The  latter  did  not, 
it  is  true,  receive  the  usual  democratic  majority  in 
Schoharie  county,  and  especially  in  Fulton,  the  resi 
dence  of  Governor  Bouck,  but  this  was  entirely  owing 
to  the  anti-rent  question. 

Shortly  before  the  close  of  the  administration  of 
Governor  Bouck,  the  public  peace  was  again  disturbed 
by  a  renewal  of  the  outrages  on  the  manorial  lands. 
Bands  of  the  tenants,  or  anti-renters,  had  armed  and 
disguised  themselves  as  Indians,  and  in  the  month  of 
December,  1844,  the  official  papers  of  the  sheriff  of 
Columbia  county  were  forcibly  taken  from  him  and 
burned ;  and  at  one  of  the  meetings  of  the  anti-renters 
held  in  the  same  county,  at  which  arms  were  liberally 
displayed,  a  young  man  was  shot  dead.  Similar  dis 
turbances  occurred  about  the  same  time  in  the  county 
of  Rensselaer.  Governor  Bouck  immediately  held  a 
consultation  with  the  state  officers,  and  with  Mr. 
Wright,  the  governor  elect,  in  which  it  was  deter- 


APPOINTED    ASSISTANT    TREASURER.  719 

mined  to  order  out  an  armed  force  to  assist  the  author 
ities  of  Columbia  county  in  maintaining  order  and 
enforcing  the  laws.  This  was  promptly  done ;  and 
the  offenders  were  afterward  arrested,  tried  and  pun 
ished,  and  tranquillity  restored. 

Governor  Bouck,  with  most  of  the  prominent  mem 
bers  of  the  democratic  party,  including  Mr.  Van  Bu- 
ren,  Mr.  Marcy,  and  Mr.  Wright,  was  originally  op 
posed  to  the  project  of  calling  a  convention  to  revise 
the  constitution  in  1846,  and  in  his  annual  message  in 
1844,  he  made  a  distinct  avowal  of  his  sentiments  upon 
the  question.  The  county  of  Schoharie,  however,  gave 
a  large  majority  in  favor  of  a  convention,  but  this  was 
mainly  owing  to  the  heavy  vote  of  the  anti-renters. 
Yet  Governor  Bouck  was  still  so  popular  among  his  old 
friends  and  neighbors,  that  he  was  chosen  one  of  the 
delegates  to  the  convention.  He  took  part  in  its  de 
liberations,  and  was  chairman  of  the  committee  on  the 
elective  franchise. 

During  the  sitting  of  the  Convention,  in  June,  1846, 
he  was  appointed  by  President  Polk  to  the  office  of 
Assistant  Treasurer  in  the  city  of  New  York.  This 
appointment  was  conferred  without  solicitation  on  his 
part,  and  was  reluctantly  accepted.  It,  of  course,  in 
terfered  to  some  extent  with  his  duties  as  a  member  of 
the  Constitutional  Convention,  and  he  was  unable  to 
be  present  during  all  the  discussions.  In  the  financial 
provisions,  so  far  as  they  affected  the  canal  policy  of 
the  state,  incorporated  into  the  constitution,  he  took  a 


720  WILLIAM    C.    BOUCK. 

deep  interest,  and  endeavored,  though  in  vain,  to  se 
cure  to  the  Legislature  a  larger  discretion  in  regard  to 
completing  the  unfinished  works  than  was  finally  con 
ceded. 

He  discharged  the  duties  of  the  office  of  Assistant 
Treasurer,  rendered  particularly  delicate  and  onerous 
during  the  progress  of  the  Mexican  war,  with  great  in 
tegrity,  and  to  the  entire  satisfaction  of  the  government 
and  the  public,  till  he  was  removed  by  President  Tay 
lor,  in  the  month  of  May,  1849.  His  successor  assumed 
the  office  on  the  1st  of  July,  when  he  returned  to  his 
island-farm  in  the  beautiful  valley  of  the  Schoharie  kill, 
where  he  is  now  enjoying  a  dignified  retirement,  sur 
rounded  by  his  old  friends,  and  in  the  possession  of 
good  health  and  spirits. 

In  1807,  he  married  Catharine,  the  only  daughter 
of  Jacob  Lawyer,  who  was  the  son  of  Jacob  Frederic 
Lawyer,  the  co-patentee  of  his  grandfather  before  men 
tioned.  By  her  he  has  had  eleven  children,  of  whom 
eight  are  now  living. 

He  has  ever  been  regular  and  frugal  in  his  habits, 
and,  with  the  aid  of  a  good  constitution,  has  passed 
through  life  in  the  enjoyment  of  robust  health.  He  is 
emphatically  a  self-made  man,  and  his  education  has 
been  almost  wholly  the  result  of  experience.  To  his 
native  strength  of  character,  and  native  talent,  he  is 
mainly  indebted  for  the  official  honors  that  he  has  re 
ceived.  These  have  certainly  not  been  unwisely  be 
stowed  upon  him.  Throughout  the  long  period  which 


CHARACTER.  721 

he  has  passed  in  public  life,  he  has  maintained  a  high 
character  for  prudence  and  discretion,  for  honesty  of 
purpose,  for  practical  ability,  and  for  unsullied  integ 
rity.  These  are,  indeed,  strong  claims  to  the  esteem 
and  approbation  of  his  fellow-citizens 

31 


46 


SILAS    WRIGHT. 

"  NOTHING,"  says  Thomas  de  Quincy,  "  makes  such 
dreary  and  monotonous  reading,  as  the  old  hackneyed 
roll-call,  chronologically  arrayed,  of  inevitable  facts  in 
a  man's  life.  One  is  so  certain  of  the  man's  having 
been  born,  and  also  of  his  having  died,  that  it  is  dismal 
to  lie  under  the  necessity  of  reading  it." 

Notwithstanding  this  dictum  of  one  whose  opinions 
are  entitled  to  the  utmost  respect,  it  is  exceedingly 
doubtful,  whether  the  admirers  of  the  "  English  Opium- 
Eater,"  whose  name  is  legion,  have  been  more  delighted 
with  the  sparkling  wit,  the  kindly  sentiment,  and  the 
genial  good-nature,  than  with  the  little,  almost  trivial 
incidents,  recorded  in  his  "  Sketch  from  Childhood." 
Greatness,  like  distance,  always  lends  "  enchantment 
to  the  view."  The  humblest  shrub  or  flower  that 
sheds  its  fragrance  or  unfolds  its  beauties,  beneath  the 
shadow  of  the  towering  Cordillera,  derives  an  additional 
charm  and  interest  from  its  position  ;  and  so,  the  most 
trifling  events  and  objects,  in  the  history  of  a  great 
man,  or  connected  with  his  fame  and  character,  are 
invested  with  more  than  ordinary  attractions. 

The  "  inevitable  facts"  in  the  life  of  the  subject  of 


Tndftti 


.*•• 


HIS    ANCESTORS.  723 

this  sketch  are  these  :  His  ancestors  were  among  the 
early  emigrants  from  "  father-land,"  who  sought  an 
asylum  and  a  home  on  the  bleak  and  inhospitable  shores 
of  New  England.  Samuel  Wright,  the  first  of  the 
family  of  whom  we  have  an  authentic  account,  was 
one  of  the  first  settlers  of  Springfield  and  Northampton, 
in  the  colony  of  Massachusetts,  and  died  at  the  latter 
place,  in  1665.  His  son,  Samuel  Wright,  junior,  was 
killed  by  the  Indians,  at  Northfield,  near  the  New 
Hampshire  line,  in  1675.  Joseph  Wright,  the  son  of 
the  latter,  died  at  Northampton,  in  1697,  leaving  a  son 
by  the  name  of  Samuel,  who  died  about  the  year  1740. 
Samuel  Wright,  the  third  of  the  name,  also  left  a  son, 
bearing  the  same  name  with  himself,  who  removed  to 
the  north  part  of  Hadley  township,  now  Amherst,  and 
whose  son,  Silas,  was  the  father  of  the  future  governor 
of  New  York.  Silas  Wright,  the  elder,  was  appren 
ticed  at  an  early  age,  and  never  went  to  school  a  day 
in  his  life.  His  trade  was  that  of  a  tanner,  currier  and 
shoemaker,  all  these  occupations  being  usually  united 
in  one  and  the  same  person,  in  those  primitive  days. 
When  he  had  served  out  his  time,  so  little  attention 
had  been  paid  to  his  education,  that  he  could  neither 
read  nor  write  ;  but  his  deficiencies  in  this  respect  were 
supplied  by  the  kindness  of  his  fellow-journeymen,  who 
showed  him  how  to  keep  accounts  and  to  transact  or 
dinary  business.  An  inquisitive  and  observing  mind, 
and  an  excellent  judgment,  completed  his  stock  of  qual 
ifications,  when  he  commenced  business  for  himself. 


724 


SILAS    WRIGHT. 


His  wife  was  also  a  native  of  Hampshire  county, 
and  had  received  a  good  education,  by  which  he  is 
said  to  have  profited  after  their  marriage.  Certain  it 
is,  she  aided  him  materially  in  the  management  of  his 
affairs.  Both  were  industrious  and  enterprising,  and 
prosperity  smiled  good-naturedly  upon  them.  They 
were  the  parents  of  nine  children, — five  sons  and  four 
daughters,  two  of  whom  died  in  infancy. 

SILAS  WRIGHT,  their  son,  who  is  the  subject  of  this 
memoir,  was  born  in  the  town  of  Amherst,  Massachu 
setts,  on  the  24th  day  of  May,  1795.  In  the  year  fol 
lowing  that  of  his  birth,  his  father  gave  up  his  trade, 
and  removed  to  the  town  of  Weybridge,  Addison 
county,  Vermont,  where  he  purchased  a  farm  and  de 
voted  himself  to  agricultural  pursuits.  This  continued 
to  be  his  occupation  up  to  the  time  of  his  decease, 
which  took  place  in  1843.  All  of  his  sons,  with  the 
exception  of  Silas,  likewise  became  farmers ;  and  his 
sons-in-law,  too,  followed  the  same  honorable  occu 
pation. 

Young  Silas  Wright  was  reared  and  educated  as  a 
farmer's  son  among  the  green  hills  of  his4  adopted 
state.  According  to  the  family  traditions,  his  rare 
natural  endowments,  his  prudence,  discernment,  and 
good  judgment,  early  attracted  notice,  and  his  father 
regarded  him  as  his  hope  and  pride.  Until  he  had 
passed  his  fourteenth  year,  he  worked  on  the  farm  in 
summer,  after  he  became  old  enough  to  endure  the 
fatigue  and  labor,  and  attended  the  district  school 


EDUCATION.  725 

during  the  winter  months,  in  accordance  with  the  cus 
tom  of  the  times. 

His  father,  however,  had  determined  to  give  him  a 
liberal  education  as  his  share  of  his  fortune,  and  the 
ambition  of  the  lad  had  long  pointed  in  that  direction. 
Accordingly,  he  entered  the  academy  at  Middlebury, 
when  he  was  fourteen  years  of  age,  in  order  to  fit 
himself  for  a  collegiate  course.  Having  completed 
his  preparatory  studies  he  was  admitted  a  member  of 
the  freshman  class  in  Middlebury  college,  and  remained 
in  that  institution  till  he  graduated,  in  the  summer  of 
1815.  In  the  academy  and  in  college  he  maintained  a 
high  character  for  talents  and  for  his  studious  habits. 
Acuteness  of  intellect,  rare  powers  of  mental  applica 
tion,  force  and  energy  of  character,  a  retentive  memo 
ry,  and  a  judgment  that  rarely  failed  him, — all  accom 
panied  with  a  robustness  of  health,  strengthened  by  toil 
and  the  fresh  pure  air  of  his  country  home,  and  pre 
served  by  the  strict  frugality  of  his  manner  of  life, — 
were  treasures  which  the  young  student  possessed,  and 
which  he  knew  how  to  appreciate. 

Self-reliance  was  early  taught  him,  and  it  became 
one  of  the  brightest  traits  in  his  character.  His 
father's  means  were  limited,  and  as  soon  as  he  could 
lighten  the  burden  of  his  expenses,  he  was  prompt  to 
assist  himself.  During  the  last  three  years  of  his  col 
legiate  course,  he  taught  a  district  school  in  the  winter, 
and  in  that  way  both  contributed  to  his  support  and 
improved  his  natural  and  acquired  talents,  by  impart- 


726  SILAS    WRIGHT. 

ing  to  them  the  polish  of  observation  and  experi 
ence. 

The  period  which  he  spent  in  college  was  one  of 
unusual  excitement.  It  was  that  of  the  second  war 
with  Great  Britain ;  and  party  feelings  and  prejudices 
were  nowhere  more  strong  and  decided  than  in  the 
New  England  states.  His  father  was  a  decided  re 
publican,  and  had  been  several  times  elected  by  his 
party,  a  member  of  the  Vermont  Legislature.  He 
was  something  of  a  politician,  therefore,  and  having 
espoused  the  political  doctrines  of  Jefferson  and  Madi 
son,  was  an  ardent  supporter  of  their  administrations, 
and  of  their  foreign  and  domestic  policy.  He  ap 
proved  most  heartily  of  the  war  of  1812,  and,  with 
his  oldest  son,  took  part,  as  a  volunteer  in  the  battle 
of  Plattsburgh. 

His  son,  Silas,  was  one  of  four  republicans  in  a 
class  of  thirty ;  for  the  fires  of  party  politics  burned 
as  brightly  in  the  collegiate  hall,  as  in  the  state-house 
or  at  the  hustings.  It  required,  indeed,  no  small 
amount  of  courage,  to  face  the  torrent  of  abuse 
poured  upon  Madison  and  the  republican  party  in  the 
New  England  states.  The  federalists  had  a  large 
share  of  the  talent  of  the  country,  and  if  anathemas 
and  denunciations  could  have  availed  them  aught, 
their  opponents  would  have  been  prostrated  beyond 
the  hope  of  recovery.  They  mistook,  however,  the 
genius  and  spirit  of  the  American  people,  and  their 
very  strength  proved  their  weakness  in  the  end. 


STUDIES    LAW.  727 

Their  denunciations,  like  chickens,  "came  home  to 
roost." 

Young  Wright  was  prominent,  nay  foremost,  in  the 
political  discussions  which  were  held  in  the  halls  of 
his  Alma  Mater,  and  here,  perhaps,  were  laid  the 
foundations  of  that  firm  and  ardent  attachment  to  the 
principles  and  doctrines  of  the  republican,  or  demo 
cratic  party,  which  he  evinced  through  his  whole  life. 

As  has  been  intimated,  he  graduated  at  the  annual 
commencement  in  1815.  He  had  already  determined 
to  embrace  the  legal  profession,  and  in  the  month  of 
October  following,  he  entered  the  office  of  Henry  C. 
Martindale,  at  Sandy  Hill,  Washington  county,  in  the 
state  of  New  York.  Mr.  Martindaie  was  a  lawyer 
of  considerable  eminence,  and  afterward  became  a 
distinguished  politician.  He  had  formerly  been  a  fed 
eralist,  but  he  supported  the  administration  of  Mr. 
Monroe,  and  was  a  warm  friend  and  supporter  of  the 
younger  Adams.* 

Mr.  Wright  remained  in  the  office  of  Mr.  Martin- 
dale  about  eighteen  months,  and  then  continued,  and 
completed  his  studies  with  Roger  Skinner,  at  that  time 
the  attorney  of  the  United  States  for  the  northern  dis 
trict  of  New  York,  and  afterward  District  Judge.  Mr. 
Skinner  kept  an  office  at  Sandy  Hill,  but  in  1817  he 
was  elected  a  member  of  the  state  Senate,  and  subse 
quently  spent  a  greater  portion  of  his  time  at  Albany. 

*  He  was  a  representative  in  Congress,  from  1823  to  1831,  and  again 
from  1S33  to  1835. 


738  8ILAS   WRIGHT. 

During  his  absence,  the  care  of  his  business  devolved 
in  a  great  degree  upon  Mr.  Wright,  and  he  often  spoke 
in  high  terms  of  his  indebtedness  to  the  fidelity,  indus 
try,  and  attention  of  his  pupil.  The  latter  drew  up  a 
large  share  of  the  papers  in  the  office,  to  which  he  was 
pretty  closely  confined,  though  he  occasionally  visited 
Albany  and  other  places  upon  the  business  of  Mr. 
Skinner,  and  for  several  months  taught  a  school  at 
Fort  Miller. 

Mr.  Skinner  was  a  good  lawyer,  and  maintained  a 
fair  standing  at  the  bar  of  the  state.  He  possessed 
more  than  an  average  share  of  talents,  yet  he  seemed 
to  derive  greater  pleasure  from  their  employment  in 
the  party  contests  of  the  day  than  in  the  legitimate 
walks  of  his  profession.  He  was  a  politician  con 
amore ;  and  it  is  more  than  probable,  that  Mr.  Wright, 
in  his  companionship  with  such  a  man,  acquired  that 
fondness,  not  to  say  that  zest,  for  politics,  which  gave 
tone  and  color  to  his  after  life. 

While  he  was  reading  law,  Mr.  Wright  was  often 
employed  in  causes  in  justices'  courts,  in  the  manage 
ment  of  which  he  displayed  an  ability  that  gave 
promise  of  future  excellence  in  his  profession.  He 
was  finally  admitted  to  the  bar  of  the  Supreme  Court 
of  New  York,  as  an  attorney,  at  the  January  term  in 
1819.  His  health  had  now  become  considerably  im 
paired  by  his  constant  and  unremitting  attention  to  his 
studies,  and  confinement  to  the  office  and  desk ;  for 
which  reason,  in  accordance  with  the  advice  of  his 


LOCATES    AT    CANTON. 


729 


friends,  he  determined  to  spend  a  portion  of  the  follow 
ing  spring  and  summer  in  travelling  on  horseback, 
both  for  the  purpose  of  regaining  his  strength,  and  of 
discovering  some  favorable  location  at  which  he  might 
establish  himself  permanently  in  the  practice  of  his 
profession. 

Western  New  York  was  then  rapidly  springing  into 
consequence ;  it  was  the  great  attraction,  the  land  of 
promise,  to  the  youthful  adventurers  from  the  older 
settlements  at  the  east;  and  in  this  direction  Mr. 
Wright  turned  his  course.  He  followed  the  main  cen 
tral  route  leading  to  the  western  counties,  occasionally 
diverging  from  it  to  visit  some  place  of  which  he  had 
heard  flattering  accounts,  and  on  his  return  travelled 
through  the  northern  portion  of  the  state.  There  were 
several  towns  which  he  had  seen  on  his  journey,  that 
promised  well  on  the  score  of  eligibility,  but  none 
exactly  suited  his  fancy,  till  he  reached  Canton,  in  the 
county  of  St.  Lawrence. 

Settlements  had  been  made  in  this  county,  at  Og- 
densburgh  and  Canton,  more  than  twenty  years  previ 
ous  ;  but  it  was  still  new,  and  its  rolling  hills,  its  broad 
plains  and  valleys,  were  yet  hidden  beneath  the  prime 
val  forests.  The  practiced  eye  of  the  farmer's  son  saw 
at  a  glance  the  advantages  which  it  offered  to  the 
agriculturist,  and  which  assured  him  that  it  would  soon 
take  a  high  rank  among  the  neighboring  counties. 
His  own  natural  inclinations,  and  the  recollections  and 
associations  lingering  in  his  memory,  predisposed  him 
31* 


730  SILAS    WRIGHT. 

to  take  up  his  residence  among  a  farming  population. 
Though  bred  to  the  law,  he  was  more  than  half  a 
farmer. 

At  Canton  he  found  an  old  friend  of  his  father, 
whose  name  was  Medad  Moody,  and  who  had  for 
merly  lived  in  Wey bridge.  Mr.  Moody  urged  him 
with  much  earnestness  to  establish  himself  in  the  place 
where  he  resided,  and  offered  to  build  him  a  law  office, 
which  he  afterward  did.  Ogdensburgh  was  then  the 
county  seat ;  but  Canton  was  the  geographical  centre 
of  the  county,  and  it  was  then  predicted  that  when  the 
public  buildings  came  to  be  rebuilt,  they  would  be 
located  there.  Mr.  Wright  was  impressed  with  the 
justice  of  these  anticipations,  and  they  were  subse 
quently  realized.  He  concluded,  therefore,  to  comply 
with  the  request  and  solicitations  of  Mr.  Moody.  After 
coming  to  this  determination,  he  went  on  his  way  to 
his  father's  residence  in  Vermont,  but  returned  again, 
and,  in  the  month  of  October,  1819,  opened  an  office 
at  Canton,  which  continued  to  be  his  home  ever  after, 
except  during  the  temporary  absences  occasioned  by 
his  official  employment. 

"Good  counsellors/*  says  Shakspeare,  "lack  no 
clients."*  This  was  true  of  Mr.  Wright.  Consider 
ing  his  location,  his  success  in  his  profession  was  as 
rapid  and  as  great  as  could  reasonably  have  been  an 
ticipated.  Canton  was  then  but  a  small  country  vil 
lage,  situated  in  the  midst  of  a  rural  population,  and  the 
*  Measure  for  Measure. 


PROFESSIONAL    CHARACTER.  731 

business  which  it  afforded  to  a  lawyer  was  limited  in 
amount,  and  yielded  but  very  moderate  pecuniary  re 
turns.  He  possessed  a  superior  mind,  however,  and  it 
was  not  long  in  exhibiting  its  fruits.  His  talents,  his 
unassuming  deportment,  his  punctilious  observance  of 
the  proprieties  of  life,  the  ease  of  his  manners,  and  the 
suavity  of  his  disposition,  made  every  one  his  personal 
friend.  He  was  accessible  to  all,  whether  rich  or  poor. 
He  never  charged  anything  for  advice,  but  his  counsel 
was  given  without  fee  or  reward  ;  it  was  not  prompted 
by  motives  of  self-interest,  but  always  looked  to  the 
good  of  his  client. 

It  was  impossible  for  such  a  man  to  fail  of  success ; 
but  he  did  not  rise  rapidly  to  distinction.  He  made  no 
sudden  attempts  to  reach  the  goal  on  which  his  young 
ambition  had  fixed  its  hopes.  His  progress  was  steady 
but  assured.  The  growth  of  his  fame  was  like  that  of 
the  oak  : — 

"  First  seedling  hid  in  grass, 
Then  twig,  then  sapling,  and  as  century  rolls, 
Slow  after  century,  a  giant  bulk, 
¥  Of  girth  enormous." 

The  temples  erected  by  Marcellus,  to  Virtue  and 
Honor,  it  is  said,  were  built  in  such  a  manner,  that,  in 
order  to  enter  the  temple  of  Honor,  it  was  necessary 
first  to  pass  through  that  of  Virtue.  Like  the  Roman, 
then,  Silas  Wright  made  his  offerings  at  the  shrine  of 
Virtue  before  he  deposited  his  laurels  in  the  fane  of 


732  SILAS    WRIGHT. 

Honor.  Few  members  of  his  profession,  very  few, 
have  enjoyed  a  better  or  higher  reputation.  After  he 
became  known,  his  clients,  friends,  and  acquaintances, 
were  accustomed  to  repose  the  most  perfect  and  entire 
confidence  in  his  capacity  and  integrity.  "  He  was 
the  first  lawyer  I  ever  saw,"  said  a  shrewd  and  observ 
ing  farmer  of  St.  Lawrence  county,  "  whose  law  was 
all  common  sense  ;  and  he  always  gave  plain,  sensible 
reasons,  for  his  opinions  on  any  subject." 

Had  Mr.  Wright  remained  at  the  bar,  and  devoted 
his  whole  time,  and  all  the  energies  of  his  mind,  to  his 
professional  pursuits,  he  would  have  risen  to  an  emi 
nence  rarely  attained ;  for  within  two  years  after  he 
commenced  practice  at  Canton,  it  was  generally  con 
ceded  that  he  had  no  superior  in  the  county.  He  pos 
sessed  many  of  the  traits  and  faculties  which  go  to  make 
up  the  character  of  the  first-rate  lawyer.  He  was  not  a 
natural  orator  ;  that  is,  his  voice  and  manner  of  delivery 
were  not  of  themselves  attractive.  But  he  had  affluence 
of  diction,  and  a  winning  way  that  captivated  and  de 
lighted  the  juror.  He  possessed  great  general  knowl 
edge,  and  understood  how  to  avail  himself  of  it.  His 
mind  was  vigorous  and  impressible  :  it  had  a  breadth, 
compass,  and  strength,  that  enabled  him  to  grasp  the 
features  of  a  cause  with  a  giant's  power.  By  his  kind 
ness  and  urbanity  he  drew  everything  from  a  witness 
that  he  needed,  and  falsehood  and  prevarication  were 
confounded  in  the  presence  of  his  sagacity  and  dis 
crimination.  He  was  dexterous  in  sifting  and  win- 


POPULAR    MANNERS.  733 

nowing  testimony ;  and  the  most  dark  and  intricate 
web  grew  clear  as  noon-day  beneath  the  rays  of  his 
luminous  mind.  In  argument  he  was  strong,  lucid, 
logical.  He  had,  too,  a  spirit  worthy  of  the  immortal 
Areopagus,  that  lifted  him  above  the  sordid  and  de 
basing  passions  that  often  hide  themselves  under  the 
robes  of  the  advocate.  His  equanimity  was  remark 
able — his  judgment  a  faithful  Palinurus,  that  never  left 
the  helm. 

From  the  time  when  he  first  became  a  resident  of 
Canton,  till  the  close  of  his  life,  he  enjoyed  a  personal 
consideration  and  popularity,  among  his  neighbors  and 
fellow-citizens,  almost  without  parallel.  He  was  in 
debted  for  this,  not  more  to  the  affability  of  his  dispo 
sition,  than  to  the  simplicity  and  practicability  of  his 
life.  He  possessed  popular  manners — not  the  arts  and 
tricks  of  the  demagogue, — but  those  natural  traits 
which  establish  feelings  of  sympathy  between  the  pos 
sessor  and  those  brought  within  the  sphere  of  his  in 
fluence.  There  was  no  affectation  about  him.  He 
was  the  friend  and  companion  of  all.  His  habits,  his 
style  of  dress,  and  manner  of  living,  were  like  those 
around  him.  He  hunted  and  fished  with  the  young 
men  on  terms  of  equality,  and  interested  himself  in  the 
welfare  of  their  elders,  not  from  curiosity,  but  from 
motives  of  kindness. 

In  the  performance  of  social  duties  and  obligations, 
he  was  exemplary.  He  often  went  a  distance  of 
several  miles  on  foot,  to  visit  a  sick  friend,  or  to  attend 


734  SILAS    WRIGHT. 

a  funeral ;  and  took  his  turn  with  his  neighbors,  in 
watching  by  the  bedside  of  the  dying.  When  the 
minister  was  absent,  he  read  the  sermon  at  "  the  dea 
con  meetings,"  as  they  were  called.  He  frequently 
officiated  as  pathmaster  in  his  district,  and  always  did 
a  full  day's  work.  In  every  public  enterprise  he  was 
foremost.  When  Canton  became  the  county-seat,  it 
was  said  by  the  inhabitants  of  the  rival  towns,  that 
there  were  no  suitable  materials  to  be  had  in  that  vi 
cinity,  for  the  construction  of  the  public  buildings. 
Mr.  Wright  and  his  fellow-townsmen  soon  demon 
strated  the  contrary.  He  led  them  to  the  quarry,  with 
a  shovel,  pickaxe  and  crowbar  in  his  hands,  and 
worked  day  after  day  beside  them,  refusing  absolutely 
to  receive  any  pay  for  his  services. 

He  was  public-spirited,  charitable,  and  generous. 
He  took  a  deep  interest  in  the  common  schools,  the 
seminaries  of  learning,  and  the  benevolent  institutions, 
of  the  town  and  county.  Though  he  was  never  a  rich 
man,  from  a  small  tract  of  land  which  he  had  purchased, 
he  gave  several  acres  to  the  Presbyterian  Society  of 
Canton,  on  which  they  erected  a  church  edifice,  and 
devoted  another  portion  to  the  purposes  of  a  public 
square. — Such  was  the  character  of  Silas  Wright  as  a 
citizen  and  neighbor ;  and  shall  we  wonder  that  the 
people  of  St.  Lawrence  county  respected  and  esteem 
ed  him, — that  the  old  blessed  him,  that  the  young  re 
garded  him  with  love,  that  the  very  children  inquired 


APPOINTED   SURROGATE.  735 

after  him,  when  he  was  absent  at  Washington,  with 
reverence  and  affection  ? 

In  common  with  a  very  large  share  of  the  republi 
cans  of  Vermont,  Mr.  Wright's  family  and  himself 
were  inclined  to  be  partial  toward  John  Quincy  Ad 
ams,  both  because  of  his  eminent  talents,  and  of  his 
support  of  the  war  policy  and  measures  of  Madison's 
administration.  But  the  intimacy  of  the  former  with 
Mr.  Skinner  changed  the  direction  of  his  early  predi 
lections.  He  became  an  ardent  and  decided  Anti- 
Clintonian  or  Bucktail,  and  a  warm  admirer  of  Mr. 
Van  Buren ;  and  with  the  majority  of  his  party  friends, 
he  afterward  favored  the  election  of  Mr.  Crawford  to 
the  presidency. 

The  Clintonians  were  decidedly  the  stronger  party 
in  St.  Lawrence  county,  in  1820  and  1821,  but  Mr. 
Wright  made  no  secret  of  his  political  opinions  and 
preferences.  Irrespective  of  politics,  the  citizens  of 
Canton  and  of  the  county  generally,  were  much  at 
tached  to  him,  and  when  the  Bucktails  obtained  the 
control  •  of  the  appointing  power,  he  was  strongly 
recommended  for  the  office  of  Surrogate.  His  friend, 
Mr.  Skinner,  was  the  leading  and  most  influential 
member  of  the  council  of  appointment,  and  his  success, 
therefore,  was  scarcely  a  matter  of  doubt.*  He  was 

*  Mr.  Hammond  is  famous  for  discovering  out-of-the-way  causes  for 
the  most  trifling  events.  He  attributes  Mr.  Wright's  appointment  as 
Surrogate,  to  his  great  merit  and  "  the  general  request  of  the  commu 
nity  in  which  he  resided,"  assuming,  meanwliile,  that  he  was  appointed 


736  SILAS    WRIGHT. 

appointed  to  the  office  on  the  24th  of  February,  1821, 
and  shortly  thereafter  received  the  additional  appoint 
ments  of  justice  of  the  peace  and  commissioner  of 
deeds. 

In  the  spring  of  the  same  year,  he  was  chosen  town 
clerk  and  inspector  of  common  schools,  which  offices 
he  held  for  three  years  in  succession.  He  was  subse 
quently  appointed  postmaster  at  Canton,  and  continued 
to  hold  the  office  till  he  resigned  it,  when  he  first  went 
to  Washington  as  a  member  of  Congress,  in  the  fall 
of  1827. 

It  is  true  that  it  does  not  often  fall  to  the  lot  of  a 
single  individual  to  be  so  highly  honored  in  the  distri 
bution  of  official  favors ;  but  it  is  also  true,  that  Mr. 
Wright  never  held  an  office  which  his  fellow-citizens, 
of  all  parties,  were  not  glad  to  see  conferred  upon  him. 
The  duties  of  each  and  all  of  them  were  performed 
punctually  and  faithfully,  with  rare  ability  and  im 
partiality.  As  a  justice  of  the  peace  he  discouraged 
litigation ;  his  court  was  emphatically  one  of  "  concilia- 

by  the  Clintonian  council  in  1820.  (Political  History,  vol.  iii.  p.  23.) 
Mr.  Hammond's  friend,  Governor  Clinton,  was  not  so  exceedingly  short 
sighted  as  to  appoint  the  protege  of  Roger  Skinner  to  the  important 
office  of  Surrogate  of  St.  Lawrence  county.  The  explanation  of  the 
matter  is  very  simple.  At  the  extra  session  of  the  Legislature,  in 
November,  1820,  a  new  council  of  appointment  was  chosen,  entirely 
composed  of  Bucktails,  and  opponents  of  Mr.  Clinton.  Of  this  council 
Mr.  Skinner  was  a  member ;  hence  it  was  called  "  Skinner's  council.'' 
It  was  not  called  together  till  January,  1821,  and  in  February  follow 
ing,  Mr.  Wright  received  the  appointment  mentioned  in  the  text. 


ELECTED  TO  THE  STATE  SENATE.        737 

tion ;"  and  he  spent  more  time  in  reconciling  differ 
ences  and  disagreements,  than  in  performing  his  official 
duties. 

Besides  the  civil  offices  which  he  held,  Mr.  Wright 
filled  several  important  positions  in  the  militia.  In 
1822,  he  raised  and  organized  an  independent  rifle 
company,  of  which  he  became  the  captain.  In  1825, 
a  rifle  regiment  was  organized,  in  which  he  received 
the  commission  of  major.  He  subsequently  rose  to 
the  command  of  the  regiment,  and  in  1827  was  promo 
ted  to  the  rank  of  brigadier-general.  Yet  very  few  be 
yond  the  immediate  circle  of  his  acquaintances,  ever 
knew  that  he  had  filled  these  offices.  His  military 
titles  were  rarely  applied  to  him  :  indeed,  the  only  title 
which  seemed  really  suited  to  the  Catonian  simplicity 
and  integrity  of  the  man,  was  that  of  "  Senator 
Wright." 

The  opposition  of  the  Clintonians  to  a  convention 
to  revise  the  constitution  in  1821,  effectually  prostrated 
them  for  a  time  as  a  political  party ;  and  after  the 
general  sweep  made  by  the  Bucktails  of  all  the  offices, 
at  the  annual  election  in  1822,  and  under  the  admin 
istration  of  Governor  Yates,  a  disposition  was  mani 
fested  in  some  counties,  on  the  part  of  the  republican 
Clintonians  and  Bucktails,  to  come  together  again. 
This  was  the  case  in  St.  Lawrence  county.  At  a 
meeeting  of  the  Bucktail  or  republican  members  of 
the  Legislature  from  the  counties  in  the  fourth  Senate 
district,  held  in  the  spring  of  1823,  it  was  decided  that 


47 


738  SILAS    WRIGHT. 

the  candidate  for  senator,  to  be  supported  by  their 
party  at  the  fall  election,  should  be  taken  from  St. 
Lawrence.  In  accordance  with  this  decision,  a  repub 
lican  convention  was  held  in  that  county  to  designate 
the  candidate.  The  convention  was  attended  by  re 
publican  Clintonians  and  Bucktails,  and  they  unani 
mously  made  choice  of  Mr.  Wright  as  the  candidate 
for  senator.  This  selection  was  made  without  any 
interference  whatever  on  his  part.  He  was  well 
known  to  be  decided  in  his  political  sentiments ;  he 
had  approved  of  the  convention  and  of  the  new  con 
stitution  ;  yet  he  was  not  a  partisan,  and  had  not  been 
very  active  in  the  party  contests  of  the  county.  It 
was  thought,  therefore,  that  he  would  poll  a  larger 
vote  than  any  of  the  older  and  more  prominent,  poli 
ticians. 

At  the  last  contested  election,  in  1821,  the  Clin- 
tonian  ticket  had  received  a  large  majority  in  the 
fourth  district,  and  the  same  party  which  were  then 
successful  had  now  put  in  nomination  Allen  R.  Moore, 
of  Washington  county,  as  their  candidate  for  senator, 
in  the  confident  hope  that  they  would  be  able  to  elect 
him. 

The  chances  in  Mr.  Wright's  favor  were  originally 
but  few,  and  his  success  was  further  placed  in  jeopardy 
on  account  of  the  agitation  of  the  electoral  question.  In 
the  summer  of  1823  some  of  the  opponents  of  Mr.  Craw 
ford,  principally  the  friends  of  Mr.  Adams,  concocted 
a  plan  by  which  they  hoped  to  defeat  the  election  of 


ELECTORAL    QUESTION.  739 

the  former  gentleman.  There  were  several  republican 
candidates,  it  will  be  borne  in  mind,  but  he  was  much 
stronger  than  either  of  them  separately.  They  com 
bined  their  strength,  therefore,  against  him,  and  refused 
to  go  into  caucus.  It  was  feared  that  the  address  and 
management  of  Mr.  Van  Buren  and  his  other  friends 
in  New  York  would  give  him  the  whole  electoral  vote 
of  that  state,  which  would  go  far  toward  securing  his 
election,  or  at  least  effectually  prevent  that  of  Mr. 
Adams ;  but  in  order  to  prevent  this  result,  it  was  pro 
posed  to  procure  the  passage  of  a  law  taking  from  the 
New  York  Legislature  the  power  to  choose  presiden 
tial  electors,  and  giving  it  directly  to  the  people.  The 
Clintonians,  indeed  all  the  factions  opposed  to  Mr. 
Crawford  and  Mr.  Van  Buren,  fell  in  with  this  sug 
gestion. 

It  was  a  mere  trick,  an  electioneering  device  ;  and 
was  originated  for  the  sole  purpose  of  defeating  Mr. 
Crawford,  by  forcing  the  election  into  the  House  of 
Representatives,  and  thus  depriving  the  people,  even 
more  than  before,  of  having  any  voice  in  the  matter. 
The  members  of  the  House  were  already  chosen :  they 
had  been  polled ;  and  though  Mr.  Crawford  was  the 
preference  of  a  plurality,  the  majority  were  determined 
that  he  should  not  be  president. 

The  people  did  not  so  understand  this  question. 
The  project  was  popular,  and  the  prevailing  sentiment 
among  the  voters  was  decidedly  in  favor  of  the  pro 
posed  change  in  the  law.  At  the  annual  election  in 


740  SILAS    WRIGHT, 

1823,  a  great  number  of  the  candidates  for  the  Legisla 
ture,  on  both  sides,  were  pledged  to  support  a  bill  giv 
ing  to  the  people  the  right  to  choose  the  electors. 
From  Mr.  Wright  no  pledge  was  exacted,  but  he  ex 
pressed  himself  frankly  and  unreservedly,  in  the  ab 
stract,  in  favor  of  surrendering  to  the  people  the  power 
of  choosing  the  presidential  electors. 

His  extraordinary  personal  popularity  saved  him 
from  defeat,  and  the  anticipations  of  his  friends  were 
fully  realized.  Out  of  St.  Lawrence,  his  opponent  re 
ceived  a  respectable  majority,  but  in  that  county  only 
twenty  votes  were  given  for  him  out  of  more  than 
fourteen  hundred.  Mr.  Wright  received  every  vote  in 
the  town  of  Canton  except  his  own,  and  his  majority 
in  the  county  was  about  fourteen  hundred,  which  more 
than  balanced  the  majority  of  Mr.  Moore  in  the  other 
counties  in  the  district. 

Mr.  Wright  took  his  seat  in  the  Senate  at  the  com 
mencement  of  the  legislative  session  of  1824,  being 
then  in  the  twenty-ninth  year  of  his  age.  The  elec 
toral  question  was  now  the  great  and  absorbing  topic. 
The  bearings  of  the  plot  to  defeat  Mr.  Crawford  were 
fully  revealed.  During  the  previous  summer  the  oppo 
nents  of  Mr.  Crawford  had  said  that,  if  he  was  found 
to  be  the  choice  of  a  majority  of  the  republicans,  they 
would  forego  their  opposition.  But  when  the  Legis 
lature  assembled,  they  proposed  to  pass  a  law  author 
izing  the  people  to  choose  the  electors  by  a  plurality 
of  votes.  At  the  same  time,  it  appeared  that  the 


ELECTORAL    dUESTION.  741 

friends  of  the  candidates  opposed  to  Mr.  Crawford, 
who  were  so  anxious  to  change  the  mode  of  choosing 
electors  in  New  York,  had  made  no  attempt  to  do  so 
in  other  states  where  they  could  control  the  entire 
vote. 

Many  of  the  Crawford  men,  like  Mr.  Wright,  were 
really  and  sincerely  in  favor  of  the  change  which  had 
been  suggested,  as  an  abstract  question  ;  but  they 
thought  it  exceedingly  unwise  for  New  York  to  throw 
away  her  influence  and  strength  in  the  decision  of  the 
presidential  question,  unless  there  was  a  general  change 
made  throughout  the  Union. 

A  bill  finally  passed  the  New  York  Assembly,  pro 
viding  for  the  choice  of  electors  by  the  people,  yet  re 
quiring  a  majority  of  votes.  This  bill  was  framed  to 
meet  the  views  of  the  Crawford  men,  but  it  was  lost 
in  the  Senate.  Mr.  Wright  was  conspicuous  in  the 
discussions,  and  gained  a  high  reputation  for  his  skill 
and  ability  in  debate.  He  was  in  favor  of  choosing 
the  electors  by  general  ticket  and  by  a  majority  of 
votes,  except  that  the  state  electors  should  be  chosen 
by  the  Legislature,  who  should  have  the  power,  also, 
to  fill  all  vacancies  in  the  electoral  college.  His  plan 
was  presented  to  the  Senate,  but  it  received  only  three 
votes.  Mr.  Hammond  terms  it  a  "  preposterous  and 
ridiculous  scheme,"  and  charges  Mr.  Wright  with 
"  manoeuvring  ;"*  but  it  must  be  recollected  that  the 
Senate  were  discussing  an  innovation  upon  what  had 
*  Political  History  of  New  York,  Vol.  il  p.  153. 


742  SILAS    WRIGHT. 

been  tne  established  policy  of  the  state  for  years,  and 
there  were  a  great  number  of  plans  and  propositions 
presented.  It  was  then  all  a  new  question  ;  though 
we  can  now,  with  the  light  of  experience,  discover  the 
defects  of  Mr.  Wright's  scheme.  But  he  did  not  often 
render  himself  ridiculous,  and  it  would  be  difficult,  even 
at  the  present  day,  to  point  out  its  preposterous  fea 
tures. 

Separate  propositions — to  choose  the  electors  by 
congressional  districts,  and  by  a  general  ticket  and  a 
plurality  of  votes — were  voted  down  in  the  Senate  as 
decidedly  as  the  plan  of  Mr.  Wright  to  choose  by  gen 
eral  ticket  and  by  a  majority  of  votes.  A  majority  of 
the  Legislature  were  undoubtedly  opposed  to  the  pass 
age  of  any  law,  unless  it  was  such  an  one  as  would  be 
likely  to  favor  the  success  of  their  particular  candidates 
for  the  presidency.  This  was  probably  the  feeling  of 
Mr.  Wright.  He  saw  that  the  whole  project  was  an 
electioneering  scheme  ;  and  with  most  of  the  other 
friends  of  Mr.  Crawford,  he  would  have  voted  for  a 
law  providing  for  the  choice  of  electors  by  general 
ticket  and  by  a  majority  of  votes,  but  for  no  other. 

When  it  became  evident  that  the  Senate  would  not 
agree  to  pass  the  bill  from  the  assembly,  or  any  similar 
one,  he  voted  for  a  motion  made  by  Edward  P.  Liv 
ingston  to  postpone  the  whole  question  beyond  the 
time  for  choosing  electors  by  the  Legislature.  This 
motion  was  carried  by  the  votes  of  seventeen  senators, 
who  were  afterward  famous  in  the  political  history  of 


REMOVAL    OF   DE    WITT    CLINTON.  743 

the  state,  as  "  the  seventeen  senators,"  and  in  the  tra 
ditions  of  the  old  Crawford  republican  party,  as  "  the 
immortal  seventeen !" 

As  one  of  the  seventeen  senators,  Mr.  Wright  re 
ceived  his  full  share  of  censure ;  but  he,  and  many  of 
his  associates  in  that  vote,  were  subsequently,  on  re 
peated  occasions,  candidates  for  the  suffrages  of  the 
people,  and  were  sustained  and  elected  to  the  offices 
for  which  they  were  put  in  nomination,  by  the  most 
flattering  votes.  Dispassionately  considered,  his  and 
their  course  does  not  appear  to  be  deserving  of  con 
demnation  ;  but  if  they  were  in  error,  it  was  only  in 
taking  the  proposition  to  change  the  law,  into  consid 
eration  at  all,  except  prospectively,  and  in  anticipation 
of  the  ejection  in  18*28.  Had  this  been  done,  the  plot 
would  have  been  defeated,  and  some  fair  and  feasible 
plan  might  have  been  devised  that  would  have  re 
ceived  the  sanction  of  all  parties. 

Mr.  Wright  was  a  party  to  that  political  blunder, — 
the  removal  of  De  Witt  Clinton  from  the  office  of 
canal  commissioner.  It  was  an  ill-considered  move 
ment, — though  not  particularly  unjust  as  respected 
Mr.  Clinton, — for  it  contributed  to  the  defeat  of  the 
Bucktail  party,  and  restored  to  him  the  affections  of 
the  people  which  he  might  otherwise  never  have  re 
gained. 

At  the  extra  session  called  by  Governor  Yates,  in 
September,  1824,  Mr.  Wright  voted  in  favor  of  a  res 
olution  declaring,  in  general  terms,  that  the  people 


744  SILAS    WRIGHT. 

ought  to  have  the  privilege  of  choosing  the  presiden 
tial  electors ;  but  he  also  opposed  any  action  upon  the 
subject  at  that  time.  At  the  extra  session  held  for  the 
purpose  of  choosing  electors,  in  the  month  of  Novem 
ber  following,  he  voted  for  the  Crawford  electors,  and 
also  for  the  law  making  provision  for  taking  the  sense 
of  the  people  in  regard  to  the  mode  in  which  they 
should  thereafter  be  chosen.  The  people  decided  in 
favor  of  a  choice  by  districts,  and  a  Jaw  was  passed  in 
1826,  in  accordance  with  that  decision. 

In  the  republican  legislative  caucus  of  1824,  held 
for  the  purpose  of  nominating  candidates  for  governor 
and  lieutenant-governor,  Mr.  Wright  favored  the  re- 
nomination  of  Governor  Yates;  yet  he  supported 
Colonel  Young  as  the  nominee  of  his  party.  It  was 
then,  and  ever,  one  of  the  doctrines  of  his  creed,  at 
all  times  to  sustain  the  regular  nominations  and 
measures  of  the  political  organization  to  which  he  be 
longed,  whenever,  by  so  doing,  he  was  not  required  to 
surrender  any  cherished  principle.  Though  possess 
ing  the  kindest  and  most  generous  sympathies,  he  was 
wrapped  up  in  his  party,  and  counted  himself  as 
nothing  in  comparison  with  its  welfare  and  success. 
In  this  respect  he  resembled  Mr.  Van  Buren,  and  very 
likely  his  political  character  may  have  derived,  from 
the  example  of  the  latter,  its  tone  and  general  features. 

They  became  intimately  acquainted  soon  after  Mr. 
Wright  entered  the  New  York  senate,  and  friendship 


DEFEAT    OF    JUDGE    SPENCER.  745 

sprung  up  between  them,  which  soon  ripened  into  a 
feeling  akin  to  brotherly  affection  and  love. 

That  this  devotion  to  his  party,  unselfish  and  disin 
terested  though  it  was,  sometimes  overruled  the  con 
victions  of  Mr.  Wright's  better  judgment,  is  doubtless 
true.  We  have  an  evidence  of  this  in  the  proceed 
ings  of  the  Legislature  in  1825.  Ambrose  Spencer 
was  then  the  Clintonian  candidate  for  United  States 
senator  in  the  place  of  Rufus  King,  and  was  duly 
nominated  for  the  office  in  the  Assembly.  In  the  Sen 
ate,  the  Bucktails,  with  the  friends  of  James  Tall- 
madge,  the  lieutenant-governor,  were  in  a  large  major 
ity,  and  by  voting  for  a  number  of  different  candidates 
prevented  any  nomination  being  made  in  that  body. 
If  the  Senate  had  nominated  a  Bucktail,  as  they  could 
have  done,  and  the  two  houses  had  met  together  in 
joint  ballot,  the  Clintonian  majority  in  the  Assembly 
would  have  overbalanced  that  of  the  opposition  in  the 
Senate.  The  result  was,  therefore,  that  no  election 
was  made  at  this  session,  but  the  next  winter  a  promi 
nent  Bucktail  was  chosen. 

Judge  Spencer  was,  unquestionably,  not  the  choice 
of  any  considerable  portion  of  the  people,  but  the 
quasi  violation  of  the  law  could  hardly  be  justified  on 
that  ground.  This  dangerous  precedent,  which  Mr. 
Wright  aided  to  establish,  is  said  to  have  originated 
with  Lieutenant-Governor  Tallmadge;  and  it  after 
ward  returned  to  plague  the  inventor,  by  preventing 
the  re-election  of  his  relative,  Nathaniel  P.  Tallmadge, 
32 


746  SILAS    WRIGHT. 

on  a  similar  occasion.  It  was  a  bad  example,  which 
has  been  too  often  imitated  by  both  political  parties  in 
this  and  other  states. 

At  the  session  of  1826,  Mr.  Wright  voted  for  the 
resolution  amending  the  constitution  so  as  to  extend 
the  right  of  suffrage,  but  against  the  amendment  giving 
to  the  people  the  power  of  electing  justices  of  the 
peace.  His  vote  upon  the  latter  question  was  dictated 
by  principle,  and  his  individual  opinions  were  probably 
always  adverse  to  the  choosing  of  judicial  officers  by 
popular  election.  Had  he  lived  to  witness  the  opera 
tion  of  the  system  established  under  the  constitution 
of  1846,  his  views  on  this  subject,  perhaps,  would 
have  been  changed. 

His  character  and  standing  in  the  Senate  were  high. 
He  was  an  able  and  skilful  debater;  clear  in  his  state 
ments;  happy  in  his  illustrations;  and  strong  and 
forcible  in  argument.  He  always  prepared  himself 
with  great  industry,  and  when  he  took  up  a  question 
his  examination  was  thorough.  In  the  management 
of  political  questions  he  exhibited  unusual  tact,  but 
much  less  in  the  management  of  men,  though  he  was 
an  accurate  judge  of  human  nature.  He  was  punc 
tual  in  his  attendance  and  in  the  performance  of  every 
duty,  and  did  his  full  share  of  the  labor  in  the  commit 
tee  room.  This  was  also  true  of  him,  it  may  be  added, 
whenever  he  was  a  member  of  a  legislative  body. 

So  highly  gratified  were  his  political  friends,  with 
the  ability  he  evinced  in  the  Senate,  that  they  now 


CHOSEN    MEMBER    OF    CONGRESS.  747 

proposed  to  transfer  him  to  a  different  sphere,  afford 
ing  a  wider  and  better  field  for  the  display  of  his 
talents.  The  first  step,  in  politics  as  in  war,  is  every 
thing.  This  had  been  taken,  in  the  case  of  Mr. 
Wright ;  and  opportunities  for  distinction  multiplied 
upon  him  with  a  rapidity  beyond  his  most  sanguine 
expectations. 

In  the  fall  of  1826,  he  was  nominated  as  one  of  the 
bucktail,  or  republican  candidates,  for  representative 
in  the  20th  Congress,  from  the  double  district  com 
prising  the*  counties  of  Jefferson,  Lewis,  Oswego,  and 
St.  Lawrence.  The  canvass  was  marked  by  a  spirit 
and  activity  without  precedent.  It  was  the  first  occa 
sion  on  which  one  of  "  the  seventeen  senators"  had  been 
presented  as  a  candidate  for  an  elective  office,  and  there 
were  many  strong  prejudices  to  overcome.  But  his 
popularity  and  the  general  appreciation  of  his  worth 
and  integrity,  were  sufficient  to  counteract  every 
effort  made  to  defeat  him.  Both  he  and  his  associate 
on  the  republican  ticket,  Rudolph  Bunner  of  Oswego 
county,  were  elected  over  the  Clintonian  candidates, 
by  upward  of  five  hundred  majority. 

At  this  election,  Mr.  Wright  supported  Judge  Ro 
chester  as  the  bucktail  candidate  for  governor,  though, 
with  Mr.  Van  Buren,  he  did  not  approve  of  that  gen 
tleman's  preferences  for  Mr.  Adams  and  Mr.  Clay,  and 
had  already  determined  to  unite  in  the  contemplated 
movement  looking  to  the  elevation  of  General  Jackson 
to  the  presidency. 


748  SILAS    WRIGHT. 

He  took  his  seat  once  more  in  the  state  Senate,  but 
resigned  it  shortly  before  the  4th  day  of  March,  1827, 
when  his  term  of  office  as  a  member  of  Congress  com 
menced.  At  this  session,  he  made  an  able  report  as 
chairman  of  the  committee  on  canals,  on  the  subject 
of  the  canal  and  financial  policy  of  the  state.  A  petition 
had  been  presented,  praying  for  the  construction  of  a 
canal,  from  the  Erie  Canal,  by  way  of  Tonawanda 
creek,  to  the  Alleghany  river  at  Olean,  subsequently 
known  as  the  Genesee  Valley  Canal.  Mr.  Wright  was 
at  that  time  opposed  to  the  construction  of  the  lateral 
canals,  and  his  report  entered  into  an  elaborate  exam 
ination  of  the  question  involved  in  the  various  propo 
sitions  then  before  the  Legislature. 

Upon  matters  of  finance  he  was  always  "  at  home." 
Though  he  had  never  resided  in  the  atmosphere  of 
commerce,  and  had  no  experience  in  mercantile  or  ex 
tensive  moneyed  operations,  his  mind  appeared  to  be 
naturally  adapted  for  investigating,  discussing,-  and  de 
ciding  upon  questions  of  that  character.  He  took  the 
ground  in  his  report,  that  the  state  ought  not  to  increase 
its  debt,  for  purposes  of  internal  improvement,  until 
the  money  already  borrowed  had  been  paid ;  and  that 
no  new  work  ought  to  be  commenced  unless  it  was 
quite  certain  that  the  net  income  arising  from  it  would 
"reimburse  the  treasury  for  the  expense  of  making  it." 
This  position  was  sustained  and  fortified  by  powerful 
arguments,  and  the  democratic  party  have,  in  the  main, 
ever  since  occupied  it.  Individual  members  of  the 


OPPOSITION    TO    BANKS.  749 

party,  residing  on  or  near  the  lateral  canals,  and  con 
stituting  in  the  aggregate  a  respectable  minority,  have 
opposed  the  doctrines  of  Mr.  Wright's  report,  and  he 
sometimes  felt  the  effects  of  that  opposition  when  a 
candidate  for  office ;  yet  the  great  body  of  the  demo 
crats  have  generally  agreed  upon  the  leading  financial 
principles  which  he  advocated,  even  when  they  differed 
in  regard  to  their  application.  No  doubt  he  took 
rather  a  sombre  view  of  the  prospects  of  the  state 
for  the  future,  but  he  was  thoroughly  in  earnest ;  nor 
did  he — and  who  did  ? — anticipate  the  splendid  results 
of  our  canal  policy,  and  the  almost  incredible  growth 
of  the  great  West,  which  has  been  the  main  element  in 
increasing  the  revenues  of  the  state  so  far  above  the 
calculations  of  former  years. 

While  in  the  Senate,  Mr.  Wright  was  conspicuous 
in  his  opposition  to  the  incorporation  of  banks,  and  the 
combinations  formed  to  procure  charters.  Those  then 
in  existence  were,  in  many  cases,  institutions  of  the 
most  irresponsible  character,  and  he  had  no  desire  to 
add  to  their  number.  He  was  never  favorably  dis 
posed  towards  monopolies  or  special  legislation  of  any 
kind,  though  friendly  to  a  sound  and  judicious  system 
of  banking.  He  approved  of  the  safety-fund  plan; 
but  when  time  disclosed  its  defects,  he  was  glad  to  see 
banking,  like  all  other  kinds  of  business,  made  free, 
under  the  general  law  of  the  state.  He  was  some 
times  represented  as  being  totally  opposed  to  paper 
money,  but  this  was  not  so.  He  was  not  in  favor  of  a 


750  SILAS    WRIGHT. 

national  bank,  and  he  thought  hard  money  was  the 
only  constitutional  currency ;  yet  he  was  also  of  the 
opinion,  that  a  currency  of  paper,  reposing  upon  an 
actual  specie  basis,  and  at  all  times  redeemable  in  gold 
and  silver,  was  both  convenient  and  necessary  in  the 
transaction  of  business. 

In  December,  1827,  Mr.  Wright  took  his  place  in 
the  House  of  Representatives.  At  the  opening  of  this 
session,  the  "  allied  powers''  of  the  republican  party, 
consisting  of  the  friends  of  Jackson,  Crawford,  and 
Calhoun,  united  in  the  choice  of  a  speaker,  and  con 
tinued  to  act  together  in  the  effort  to  overthrow  the 
administration  of  Mr.  Adams.  Preceded  by  a  high 
reputation,  Mr.  Wright  was  warmly  welcomed  at  the 
capital  of  the  nation,  and  was  regarded  as  an  impor 
tant  accession  to  the  intellectual  strength  and  charac 
ter  of  the  opposition.  He  was  honored  with  the 
second  place  in  the  Committee  on  Manufactures, 
which  proved  to  be  in  reality  the  first,  because  a  ma 
jority  of  the  members  were  republicans,  and  the  chair 
man,  Mr.  Mallary  of  Vermont,  who  had  been  reap- 
pointed  out  of  courtesy,  was  an  administration  man. 

The  great  question  to  be  considered  at  this  session^ 
was  the  tariff.  At  the  north,  a  strong  feeling  existed 
in  favor  of  high  protective  duties,  and  both  parties 
were  anxious  to  take  advantage  of  that  feeling  to  pro 
mote  the  success  of  their  candidates  at  the  approaching 
presidential  election.  There  were  various  interests 
seeking  and  demanding  a  revision  of  the  tariff.  Prom- 


THE    TARIFF    OF    1828.  751 

inent  among  them  were  the  iron-workers  of  Pennsyl 
vania,  the  manufacturers  of  the  East,  and  the  wool  and 
hemp  growers  of  the  northern,  middle,  and  western 
states.  Each  was  jealous  of  the  other,  and  to  satisfy 
all,  seemed  a  hopeless  task.  The  manufacturers  and 
agriculturists  complained,  that  the  tariff  of  1824  was 
partial  to  the  iron  interest ;  and  the  producers  of  wool 
and  hemp  insisted,  that  that  act,  and  the  "  woollens' 
bill"  of  1826-7,  favored  the  manufacturers  at  their  ex 
pense. 

A  convention  of  the  friends  of  a  protective  tariff  had 
been  held  at  Harrisburg,  in  July,  1827,  at  which  a  tariff 
of  duties  had  been  agreed  upon  that  was  satisfactory  to 
the  manufacturers,  but  not  at  all  acceptable  to  the  ag 
ricultural  friends  of  protection.  This  was,  in  effect, 
the  administration  plan,  and  it  was  laid  before  the 
committee  on  manufactures.  To  secure  the  agricul 
tural  interest,  and  at  the  same  time  retain  the  good 
wishes  of  the  iron-workers  in  Pennsylvania,  was  now 
the  great  aim  of  the  republicans  in  Congress,  and  it 
was  easily  accomplished.  Mr.  Wright  was  a  warm 
friend  to  the  agricultural  interest,  both  from  education 
and  association  ;  and  through  his  instrumentality,  and 
upon  his  motion,  the  committee  were  authorized  to  ex 
amine  persons  under  oath  in  regard  to  the  profits  of 
the  manufacturers.  The  examination  was  had ;  and 
upon  the  facts  thus  elicited,  he  drew  up  what  is  known, 
though  somewhat  modified  before  its  passage,  as  the 
tariff  law  of  1828. 


752  SILAS    WRIGHT. 

Mr.  Wright's  bill  differed  widely  from  the  Harris- 
burg  project,  and  was  strenuously  opposed  by  the 
manufacturing  interest,  who  declared  that  it  was  de 
signed  for  the  benefit  of  the  wool  and  hemp  growers, 
but  would  operate  to  their  injury.  The  bill  was  finally 
amended  so  as  to  render  it  more  agreeable  to  the 
manufacturers,  and  it  then  became  a  law  ;  Mr.  Wright 
voting  for,  and  supporting  it  in  several  able  speeches. 
His  ablest  effort  was  made  on  the  6th  and  10th  of 
March,  and  commanded  great  attention.  It  at  once 
placed  him  in  a  favorable  position,  and  a  leading  paper 
at  Washington  remarked  of  him,  that  if  he  remained  in 
Congress,  he  was  destined  "  to  become  the  pride  of 
New  York  herself." 

For  his  advocacy  of  this  measure,  he  was  compli- 
monted  by  the  citizens  of  Middlebury,  Vermont,  with 
a  public  dinner,  in  the  fall  of  1828 ;  but  when  expe 
rience  had  demonstrated  the  numerous  improper  fea 
tures  of  the  law,  he  was  prompt  to  concede  that  he  had 
been  in  the  wrong.  As  he  afterward  admitted,  the  du 
ties  imposed  by  the  act  of  1828  were  exorbitant.  It 
was  a  law  that  ought  never  to  have  been  passed.  He 
always  regretted  his  vote  in  its  favor,  and  pronounced 
it  "a  great  error."* 

At  this  session,  also,  Mr.  Wright  supported  the  bill 
for  the  relief  of  the  revolutionary  officers  and  soldiers, 
which  became  a  law  on  the  10th  of  May,  and  the  in 
ternal  improvement  bill. 

*  Remarks  in  the  U.  S,  Senate,  August  27,  1842. 


RE-ELECTED    MEMBER    OF    CONGRESS.  753 

The  year  1828  was  made  memorable  by  the  election 
of  Andrew  Jackson  to  the  office  of  president,  and  of 
Martin  Van  Buren  to  that  of  governor  of  New  York. 
Both  received  the  cordial,  hearty,  and  influential  sup 
port  of  Mr.  Wright.  He  was  himself  a  candidate  for 
reelection,  and  was  once  more  chosen  to  the  station  he 
had  so  creditably  filled.  His  majority  was  very  small ; 
and  one  of  the  Adams'  candidates  in  his  district  was 
elected.  In  consequence  of  a  technical  error  in  the 
returns,  and  because  the  word  "junior"  was  omitted  on 
some  of  the  tickets  intended  for  him,  the  certificate 
was  given  to  his  opponent.  But  he  presented  his  pe 
tition  claiming  the  seat,  at  the  first  session  of  the  21st 
Congress,  though  then  occupying  the  position  of  comp 
troller  of  the  state,  and  it  was  unanimously  awarded  to 
him,  whereupon  he  immediately  resigned  it. 

At  the  second  session  of  the  20th  Congress,  he  voted 
against  a  resolution  instructing  the  committee  of  ways 
and  means  to  bring  in  a  bill  repealing  the  tariff  act  of 
1828,  and  in  favor  of  resolutions  directing  an  inquiry 
into  the  condition  of  the  slave  trade  in  the  District  of 
Columbia,  and  the  expediency  and  propriety  of  abol 
ishing  slavery  in  the  district.  These  last  resolutions 
were  merely  of  inquiry,  and  by  voting  for  them,  he  did 
not  commit  himself  upon  the  main  questions  involved. 
He  was  undoubtedly  in  favor  of  abolishing  the  slave 
trade  in  the  district;  but  in  regard  to  slavery  itself, 
though  with  Mr.  Van  Buren  always  maintaining  the 
power  of  Congress  to  abolish  it,  he  was  of  the  opinion 


48 


754  SILAS    WRIGHT. 

that  it  would  be  both  unwise  and  inexpedient  to  exercise 
that  power  against  the  wishes  of  the  slaveholding  states. 

While  engaged  in  the  faithful  performance  of  his 
duties  on  the  floor  of  Congress,  he  was  chosen  by  the 
republicans  of  the  New  York  Legislature,  on  the  27th 
of  January,  1829,  to  fill  the  office  of  comptroller,  made 
vacant  by  the  elevation  of  Mr.  Marcy  to  the  bench  of 
the  Supreme  Court.  He  was  nominated  in  the  legis 
lative  caucus  on  the  first  ballot,  by  a  respectable  ma 
jority  over  several  competitors.  The  office  was  one 
which  he  had  not  solicited,  but  was  a  deserved  compli 
ment  to  the  distinguished  ability  with  which  he  had 
discussed  questions  of  finance  in  the  state  Senate,  and 
in  the  House  of  Representatives. 

Immediately  after  receiving  notice  of  this  appoint 
ment,  he  obtained  leave  of  absence  for  the  remainder 
of  the  session,  and  repaired  to  his  new  post  at  Albany. 
How  well,  how  faithfully,  and  with  what  patience,  in 
dustry,  and  promptitude,  he  discharged  the  important 
duties  of  the  comptrollership, — with  what  skill  and 
fidelity  he  managed  the  financial  affairs  of  this  great 
state,  during  the  period  he  remained  in  office,  her 
records  will  abundantly  testify.  He  was  courteous 
and  obliging  to  all  who  had  intercourse  with  him,  in 
his  capacity  as  the  head  of  the  department  intrusted 
to  his  charge  ;  yet  punctual,  exact,  and  methodical,  in 
the  transaction  of  business ;  and  exercising  a  jealous, 
but  faithful  and  impartial  scrutiny,  in  watching  over 
and  protecting  the  interests  of  the  state. 


CHARACTER    AS    A    FINANCIAL    OFFICER.  755 

As  a  member  of  the  canal  board,  he  adhered  with 
fidelity,  but  in  no  spirit  of  self-opinionism — for  it  was 
with  him  a  question  of  principle — to  the  views  he  had 
before  advanced  in  the  Senate,  in  favor  of  the  prompt 
extinguishment  of  the  public  debt,  and  in  opposi 
tion  to  the  construction  of  lateral  canals  and  other 
new  works  of  internal  improvement,  unless  they  were 
certain  to  yield  sufficient  revenue  to  pay  the  cost  of 
construction,  or,  at  least,  until  the  surplus  revenues 
arising  from  the  works  already  in  operation  should  be 
available  for  those  objects. 

In  1832,  he  directed  the  attention  of  the  Legislature 
to  the  large  deficiency  in  the  general  fund,  and  advised 
that  it  should  be  replenished  by  the  imposition  of  a 
direct  tax.  The  same  ideas  and  opinions  that  he  ad 
vanced  on  this  occasion  afterward  dictated  the  passage 
of  the  act  of  1842,  which  he  highly  approved.  The 
Legislature  of  1832,  however,  did  not  concur  with 
him  in  sentiment,  but  the  general  fund  was  relieved 
by  means  of  temporary  loans.  The  evil  day  was  post 
poned,  instead  of  providing  a  remedy. 

So  high  was  the  public  confidence  in  his  capacity 
and  integrity,  that  he  was  reflected  comptroller,  in 
February,  1832.  Some  opposition  was  manifested  to 
his  nomination  in  the  legislative  caucus  by  the  friends 
of  the  lateral  canals,  but  it  did  not  avail  anything,  ex 
cept  to  keep  up  a  division  in  the  party  which  ulti 
mately  widened  into  an  actual  breach.  But  he  held 
the  office  only  for  a  year,  under  this  second  election, 


756  SILAS    WEIGHT. 

in  consequence  of  his  being  transferred  to  the  Senate 
of  the  United  States,  which  was  at  once  the  object  of 
his  ambition,  and  the  great  field  of  his  fame. 

While  filling  the  office  of  comptroller,  he  was  by  no 
means  inactive  as  a  politician.  Decided  in  his  senti 
ments,  sincerely  attached  to  the  doctrines  of  the  re 
publican  party,  and  thoroughly  devoted  to  its  interests, 
he  did  not  hesitate  to  give  utterance  to  his  views  when 
called  upon  to  express  them.  He  was  a  member  of 
the  democratic  state  conventions,  in  1830  and  1832, 
at  which  Mr.  Throop  and  Mr.  Marcy  were,  respect 
ively,  nominated  for  the  office  of  governor  ;  and  also 
of  the  national  convention  in  the  latter  year,  at  which 
General  Jackson  and  Mr.  Van  Buren  were  nominated 
for  president  and  vice-president.  But,  though  a  con 
spicuous  actor  in  all  the  great  movements  of  his  party, 
he  busied  himself  not  at  all  with  the  petty  differences 
and  divisions  growing  out  of  the  contests  for  minor 
offices.  For  this  reason,  and  because  his  ability  and 
fitness  for  the  office  were  quite  generally  conceded, 
his  nomination  for  senator  in  the  party  caucus  was 
made  on  the  first  ballot,  and  by  a  unanimous  vote. 

To  say  that  he  did  not  desire  the  senatorial  office 
would  be  untrue.  It  was  a  position  which  any  man 
might  be  ambitious  to  secure.  But  he  used  no  undue 
means  to  reach  it,  no  persuasions  or  solicitations.  He 
may  not  have  concealed  his  wishes,  but  his  friends,  not 
himself,  were  the  active  instruments  in  procuring  their 
gratification. 


ELECTED    UNITED    STATES    SENATOR.  757 

He  was  chosen  by  the  Legislature,  to  fill  the  unex- 
pired  term  of  Governor  Marcy,  on  the  4th  day  of 
January,  1833,  and  took  his  seat  in  the  Senate  on  the 
14th  instant.  In  respect  to  talent  he  had  stood  so 
high,  that  there  were  those  who  distrusted  his  abilities, 
— who  feared  that  he  would  be  unable  to  maintain  his 
former  reputation  in  that  noble  assembly  to  which  he 
was  about  to  be  admitted.  "  They  did  not  stop  to 
consider  how  often  it  is,  that '  honor  pauseth  in  the 
meanest  habit ;'  they  did  not  appreciate,  at  its  proper 
value,  the  strong  and  powerful  genius  concealed  be 
neath  his  plain  and  unassuming  manner ;  and  they 
trembled  for  the  senator,  still  young  in  years,  as  he 
crossed  the  threshold  of  the  chamber  where  the  sages 
and  statesmen  of  the  past  had  so  often  assembled  in 
council,  and  enrolled  his  name  as  a  member  of  the 
ablest  body  in  the  nation — perhaps  in  the  world.  But 
those  who  knew  him  intimately  and  well,  had  no  fears 
or  apprehensions.  They  had  caught  some  glimpses 
of  the  sterling  metal  in  his  composition,  and  they  were 
willing  that  it  should  be  submitted  to  the  ordeal,  satis 
fied  in  their  own  minds  that,  like  the  gold  of  the  re 
finer,  it  could  but  come  the  purer  from  the  trial.  They 
were  anxious,  very  anxious  ;  but  they  doubted  not. 
Remembering  that 

"  Peace  hath  her  victories, 
No  less  renowned  than  war,'* 

they  were  content  to  see  him  enter  the  arena,  in  the 


758  SILAS    WRIGHT. 

full  confidence  that  he  would  gather  new  laurels-  to 
adorn  his  brows,  and  confer  new  honor  upon  those  who 
had  promised  so  much  in  his  behalf. 

"  It  was,  indeed,  a  critical  time  in  his  history.  There 
were  hosts  of  friends  to  cheer  and  encourage  him ;  he 
was  the  representative  of  one  of  the  largest  and  most 
important  members  of  the  confederacy  ;  it  was  con 
ceded  that  he  possessed  talents  of  a  high  order ;  but 
his  character  as  a  statesman  was  yet  to  be  formed. 
Everything  was  expected  from  him,  and  those  expec 
tations  must  not  be  disappointed.  There  was  a  great 
deal  in  the  past  to  incite  him  to  renewed  exertion,  and, 
like  Alexander  on  the  shores  of  the  Hellespont,  before 
him  lay  "  Hope,  and  the  world  !"  Had  he  faltered  then 
— had  he  hesitated  but  for  one  moment — who  can  say 
what  his  destiny  might  have  been  ?  The  country  was 
agitated  from  one  extremity  to  the  other.  The'  best 
talent  in  the  land  was  collected  in  the  Senate. 

"  Opposed  to  the  administration  lie  would  be  called 
upon  to  sustain  at  the  head  of  his  compeers,  stood  the 
gallant  and  chivalrous  Clay — captivating  the  heart, 
and  enchaining  the  imagination,  by  the  magic  bursts 
of  his  thrilling  eloquence  ;  Calhoun,  the  fearless  cham 
pion  of  the  sovereignty  of  the  states,  with  his  chaste 
diction,  and  analytical  mind — every  sentence  that  he 
uttered  a  whole  chapter  of  argument,  and  every  word 
a  political  text ;  Webster,  calm,  profound,  and  argu 
mentative — powerful  in  stature,  and  gigantic  in  mind  ; 
the  smooth  and  plausible  Clayton  ;  and  Preston^  fervid 


HIS  COURSE  AND  CHARACTER.          759 

and  impassioned  as  the  rays  of  the  southern  sun  which 
had  warmed  his  genius  into  life.  On  the  opposite  side, 
there  was  Benton,  industrious,  determined,  and  un 
yielding — with  his  pockets  overflowing  with  statistics, 
and  his  head  full  of  historical  lore ;  Forsyth,  easy  and 
graceful  in  his  address,  but  an  able  and  experienced 
debater;  Rives,  the  eloquent  and  talented  senator 
from  the  Old  Dominion,  seeking  to  give  vent  to  the 
inspiration  he  had  caught  in  the  groves  of  Monticello ; 
.  White,  with  his  metaphysical  and  sententious  apo 
thegms  ;  and  the  shrewd  and  cautious  Grundy,  familiar 
with  parliamentary  tactics,  watching  for  the  weak 
points  in  his  adversary's  argument,  and  never  caring  to 
conceal  his  gratification  when  he  saw  the  fabric 
reared  with  so  much  labor,  toppling  down  in  the  dust. 
"Such  were  the  statesmen  among  whom  Mr. 
Wright  had  taken  a  place,  and  against  and  with  whom 
he  was  obliged  to  compete  for  the  brilliant  honors  he 
acquired  in  his  senatorial  career.  At  the  outset,  the 
course  was  marked  out  which  he  subsequently  pur 
sued.  Courteous  and  affable — dignified  and  respectful 
— he  never  suffered  himself  in  the  midst  of  the 
stormiest  debate,  to  forget  the  character  he  had 
assumed.  Cool,  thoughtful,  and  deliberative,  every 
word  was  weighed  before  he  gave  it  utterance,  and 
not  one  of  his  opponents  ever  obtained  an  advantage 
that  he  voluntarily  surrendered.  There  were  none  of 
those  impulsive  features  in  his  character,  which  would 
have  induced  him  to  dash  heedlessly  forward,  in  the 


700  SILAS    WRIGHT. 

hope  of  outstripping  every  competitor  at  the  start ; 
and,  if  he  failed,  to  console  himself  with  the  reflection 
that  he  had  dared  something  beyond  the  power  of  hu 
man  skill  to  accomplish.*  His  advances  were  slow 
and  steady,  but  sure.  He  did  not  thrust  himself  for 
ward.  He  did  not  assume  too  much.  Not  even 
when  the  bold  and  independent  Jackson  was  willing 
to  lean  upon  him  for  support,  and  he  became  known 
as  the  confidential  friend  of  Mr.  Van  Buren,  was  there 
anything  like  assumption,  or  dictatorial  harshness,  in 
his  tone  or  manner.  The  efforts  of  his  discriminating 
and  logical  mind  were  directed  to  the  enforcement  of 
the  positions  he  laid  down,  and  the  principles  he  advo 
cated,  for  the  sake  of  the  argument ;  for  the  sake  of 
•what  he  believed  to  be  just  and  right;  and  not  to 
compel  those  who  listened,  to  adopt  the  conclusions  at 
which  he  had  arrived.  If  successful,  he  never  ad 
vanced  too  hastily,  but  was  content  to  wait  until  he 
had  secured  what  was  gained.  He  did  not  peril  ev 
erything  by  attempting  to  grasp  more  than  could  be 
reached.  And  when  he  was  defeated,  when  dark  and 
portentous  clouds  hung  around  the  political  horizon, 
and  the  omens  for  the  future  were  fearful  and  threat 
ening,  he  did  not  lose  his  confidence  in  the  ultimate 
triumph  of  the  truths  he  labored  to  establish ;  but  he 
calmly  seated  himself  down,  prepared  patiently  to  bide 
his  time,  *  with  his  feet  to  the  foe,'  and  his  breast  bared 

*  "  Magnis  tamen  excidit  ausis,"  was   the   consolation  of  the  unfor 
tunate  Phaeton. 


HIS    MARRIAGE.  761 

for  the  shock,  ready  alike  to  resist  an  attack,  or  to  ad 
vance  and  secure  the  victory."* 

The  second  session  of  the  22d  Congress  was  an  im 
portant  one.  Nullification  threatened  to  overthrow 
the  fair  fabric  of  American  freedom,  and  the  friends 
of  the  constitution  were  rallying  to  its  defence  and 
protection.  Mr.  Wright  heartily  approved  the  doc 
trines  of  the  Proclamation,  and  voted  for  the  Force 
Bill.  But  while  he  sustained  the  administration  in  the 
measures  it  was  thought  proper  to  adopt  in  order  to 
secure  the  due  observance  of  the  law,  he  believed  that 
there  was  just  cause  for  the  complaints,  on  the  part  of 
the  planting  states,  of  the  partial  and  unequal  opera 
tion  of  the  tariff  laws.  He  gave  his  vote,  therefore, 
for  the  compromise  act,  though  there  were  several 
features  in  it  which  he  did  not  approve.  He  was  op 
posed  to  the  principle  of  home  valuation,  to  the  reduc 
tion  of  the  duty  on  coarse  wool  when  the  article 
manufactured  from  it  was  so  highly  protected,  to  the 
abolition  of  all  specific  and  discriminating  duties  and 
the  substitution  of  the  ad  valorem  principle,  and  to  the 
restraint  imposed  upon  the  action  of  future  Con 
gresses.  But  he  was  convinced  that  something  must 
be  done,  or  the  Union  would  not  exist  till  another  ses 
sion,  and  he  accordingly  voted  for  the  law  notwith 
standing  these  objections. 

In  September,  1833,  he  was  married  to  Clarissa 
Moody,  the  daughter  of  his  old  friend,  Mr.  Moody, 

*  Life  of  Silas  Wright,  p.  81,  et  eeq. 


762  SILAS    WRIGHT. 

who  first  welcomed  him  to  Canton,  and  in  whose 
house  and  family  he  had  lived  during  the  whole  period 
of  his  residence  there.  Mutual  affection,  unity  of 
sentiment,  and  harmony  of  views  and  interests,  con 
spired  to  render  this  union  a  fortunate  one.  Though 
not  blessed  with  children,  it  was  fruitful  in  happiness 
and  love. 

At  the  ensuing  session  of  Congress,  Mr.  Wright 
was  appointed  a  member  of  the  committees  on  Agri 
culture  and  on  Commerce.  The  great  topic  of  dis 
cussion  was  the  removal  of  the  deposits  from  the  bank 
of  the  United  States,  and  he  highly  distinguished  him 
self  in  the  defence  of  that  measure,  and  in  his  oppo 
sition  to  Mr.  Clay's  resolutions  censuring  President 
Jackson  for  making  the  removal.  On  the  30th  of 
January,  1834,  he  presented  the  resolutions  of  the 
New  York  legislature  approving  of  the  course  of  the 
president,  and  availed  himself  of  the  occasion  to  ex 
press  his  views  at  considerable  length,  and  with  great 
ability.  He  disclaimed  to  be  the  organ  of  the  admin 
istration,  but  he  was  known  to  possess  the  entire  con 
fidence  of  both  the  president  and  vice-president,  and 
to  be  the  friend  and  adviser  of  each,  and  every  one 
felt  that  he  uttered  their  sentiments.  He  justified  the 
removal  of  the  deposits,  to  the  fullest  extent,  and  in 
reply  to  an  inquiry  of  Mr.  Webster,  as  to  what  the 
administration  proposed  to  do,  in  order  to  remedy  the 
embarrassment  in  the  money  market,  he  expressed 
himself  decidedly  opposed  to  a  national  bank.  This 


SPEECH    ON    THE    NEW    YORK    RESOLUTIONS.         763 

speech  is  a  favorable  specimen  of  his  senatorial  elo 
quence,  as  the  following  extracts  will  show  : 

"  But,  Mr.  President,  while  I  highly  approve  of  the  open  and  manly 
ground  taken  by  the  senator  from  Massachusetts,  I  differ  with  him  toto 
ccelo  as  to  the  remedy  he  proposes.  There  is  no  inducement  which  can 
prevail  on  me  to  vote  for  the  recharter  of  the  Bank  of  the  United 
States.  I  would  oppose  this  bank  upon  the  ground  of  its  flagrant  vio 
lations  of  the  high  trusts  confided  to  it ;  but  my  objections  are  of  a 
deeper  and  graver  character.  I  go  against  this  bank,  and  against  any 
and  every  bank  to  be  incorporated  by  Congress,  whether  to  be  located 
at  Philadelphia,  or  New  York,  or  anywhere  else  within  the  twenty -four 
independent  states  which  compose  this  confederacy,  upon  the  broad 
ground  which  admits  not  of  compromise,  that  Congress  has  not  the 
power,  by  the  constitution,  to  incorporate  such  a  bank. 

"  I  may  be  over-sanguine,  Mr.  President,  but  I  do  most  firmly  believe 
that,  in  addition  to  the  invaluable  services  already  rendered  to  his 
country  by  the  President  of  the  United  States,  he  is,  under  Providence, 
destined  still  to  render  her  a  greater  than  all,  by  being  mainly  instru 
mental  in  restoring  the  constitution  of  the  country  to  what  it  was 
intended  to  be  by  those  who  formed  it,  and  to  what  it  was  understood 
to  be  by  the  people  who  adopted  it ;  in  relieving  that  sacred  instrument 
from  those  constructive  and  implied  additions,  under  which  Congress 
have  claimed  the  right  to  place  beyond  the  reach  of  the  people,  and 
without  responsibility,  a  moneyed  power,  not  merely  dangerous  to  pub 
lic  liberty,  but  of  a  character  so  formidable  as  to  set  itself  in  open 
array  against,  and  to  attempt  to  overrule  the  Government  of  the 
country.  I  believe  the  high  destiny  is  yet  in  store  for  that  venerable 
man,  of  disproving  the  exalted  compliment  long  since  paid  him  by  the 
great  apostle  of  republicanism,  '  that  he  had  already  filled  the  measure 
of  his  country's  glory,'  and  that  he  is  yet  to  accomplish,  what  neither 
Thomas  Jefferson  nor  his  illustrious  successors  could  accomplish,  by  add 
ing  to  the  proof  which  he  has  so  largely  contributed  to  afford,  that  his 
country  is  invincible  by  arms,  the  consolatory  fact  that  there  is,  at  least, 
one  spot  upon  earth  where  written  constitutions  are  rigidly  regarded. 


764  SILAS    WRIGHT. 

I  know,  sir,  that  this  work,  which  the  President  has  undertaken,  and 
upon  the  success  of  which  he  has,  with  his  usual  moral  courage,  staked 
the  hard-earned  fruits  of  a  glorious  life,  is  full  of  difficulty.  I  know 
well  that  it  will  put  the  fortitude  and  patriotism  of  his  countrymen  to 
the  severest  test ;  but  I  am  happy  also  to  know  that  he  has,  in  this  in 
stance,  as  heretofore,  put  himself  upon  the  fortitude  and  patriotism  of 
a  people  who  have  never  yet  failed  him,  or  any  man  who  was  himself 
faithful  to  his  country  in  the  hour  of  peril."  *  *  * 

"  I  have  thus  responded,  and  I  hope  the  senator  from  Massachusetts 
will  allow,  fully,  to  so  much  of  his  appeal.  I  will  go  on,  sir,  and  cover 
the  whole  ground.  He  has  asked,  if  you  will  neither  recharter  the 
present  bank  nor  establish  a  new  one,  what  will  you  do  ?  As  an  indi 
vidual,  sir,  and  speaking  for  myself  only,  I  say  I  will  sustain  the 
executive  branch  of  the  Government,  by  all  the  legal  means  in  my 
power,  in  the  effort  now  making  to  substitute  the  state  banks  instead 
of  the  Bank  of  the  United  States,  as  the  fiscal  agent  of  the  Government. 
I  believe  they  are  fully  competent  to  the  object.  I  am  wholly  unmoved 
by  the  alarms  which  have  been  sounded,  either  as  to  their  insecurity, 
or  influence,  or  any  other  danger  to  be  apprehended  fuom  their  em 
ployment.  I  hold  the  steps  so  far  taken  in  furtherance  of  this  object, 
well  warranted  by  the  constitution  and  laws  of  the  land,  and  I  believe 
that  the  honor  and  best  interests  of  the  country,  imperiously  require 
that  they  should  be  fully  sustained  by  the  people,  and  by  their  repre 
sentatives  here." 

The  opinions  of  Mr.  Wright  upon  the  subject  of  the 
employment  of  the  state  banks  as  depositories  of  the 
public  money  were  not,  however,  so  firmly  fixed  that 
they  could  not  be  changed ;  and  subsequently,  in  the 
same  speech,  he  more  than  intimated  a  desire  to  get 
rid  of  the  banks  altogether,  as  agents  of  the  govern 
ment. 

"  But,  Mr.  President,"  he  said,  "while  I  am  prepared  to  give  to  this 
effort  of  the  Government,  to  make  the  state  banks  our  fiscal  agent  for 


DEFENCE  OF  GENERAL  JACKSON.        765 

the  safe-keeping  and  convenient  disbursement  of  the  public  moneys,  a 
full  support  and  a  fair  experiment,  any  effort,  come  from  what  quarter 
it  may,  to  return  to  a  hard-money  currency,  so  far  as  that  can  be  done 
by  the  operations  of  the  federal  government,  and  consistently  with  the 
substantial  interests  of  the  country,  shall  receive  from  me  a  cordial  and 
sincere  support ;  and  no  one  would  more  heartily  rejoice  than  myself, 
to  meet  with  propositions  which  would  render  such  an  effort  in  any 
degree  practicable." 

On  the  20th  of  March,  he  made  another  speech, 
upon  the  motion  of  Mr.  Webster  for  leave  to  introduce 
a  bill  rechartering  the  United  States  Bank  for  a  limited 
period,  in  which  he  again  avowed  his  opposition  to 
such  an  institution,  upon  constitutional  as  well  as  other 
grounds.  He  was  highly  complimented  by  Mr.  Web 
ster  for  the  ability  he  displayed  on  this  occasion  ;  and 
thereafter,  the  task  of  answering  his  arguments  on  any 
question,  devolved  upon  the  Clays  and  Websters,  the 
master  minds  of  the  opposition  in  the  Senate. 

He  also  took  part  in  the  debate  on  Mr.  Clay's 
resolutions  of  censure,  and  delivered  an  able  speech 
on  the  26th  of  March,  in  which  he  denied  the  power 
of  the  Senate  to  condemn  the  president  unheard,  and 
in  the  manner  proposed  by  the  resolutions.  The  speech 
was  mainly  occupied  with  an  elaborate  argument  on 
this  point ;  but  the  peroration  contained  a  spirited  de 
fence  of  General  Jackson,  and  was  as  eloquent  and 
impressive,  as  the  preceding  portion  of  the  speech  had 
been  argumentative.  It  was  as  follows  : 

0  But  we  are  still  called  upon  to  vote  for  this  resolution ;  and  who, 
Mr.  President,  is  it  upon  whom  the  sentence  of  the  Senate  is  thus  to  be 


766  SILAS    WRIGHT. 

,  . 
passed  without  a  trial  ?     The  officer,  sir,  is  none  other  than  the  chief 

executive  officer  of  the  Government — the  President  of  the  United 
States ;  he  whom  the  people  elected  to  that  high  station,  by  their  free 
suffrages,  against  the  popularity  and  power  of  a  competitor  holding  the 
office,  and  wielding  its  patronage — a  patronage  now  represented  to  be 
so  immense  and  irresistible  and  dangerous  ; — and  wielding  it  too  with 
the  aid  of  skilful  and  experienced  advisers.  It  is  no  other  than  that 
President,  who  after  four  years  of  official  trial  before  the  people,  was 
re-elected  against  another  competitor,  selected  from  among  the  dis 
tinguished  of  his  countrymen,  for  his  superior  hold  upon  the  popular 
feeling  of  the  country,  and  re-elected,  too,  by  a  vote  more  decisive  than 
any  which  had  ever  before  marked  the  result  of  a  long  and  severe 
political  contest.  Such,  Mr.  President,  is  the  officer— I  had  like  to  have 
Baid, — upon  his  trial.  No,  sir,  it  is  not  so — who  is  not  to  be  allowed  a 
trial ;  but  who  is  about  to  receive  the  condemnatory  sentence  of  the 
Senate  unheard. 

"  Who,  sir,  is  the  man,  the  citizen  of  our  republic,  upon  whom  we 
are  about  to  pronounce  our  high  censures  ?  Is  it  Andrew  Jackson  ? 
Is  it  that  Andrew  Jackson,  who,  in  his  boyhood,  was  found  in  the 
blood-stained  fields  of  the  Revolution  ?  Who  came  out  from  that 
struggle  the  last  living  member  of  his  family  ?  Who,  when  the  sound 
to  arms  again  called  our  citizens  around  the  flag  of  our  country,  posted 
himself  upon  the  defenceless  frontiers  of  the  South  and  West,  and 
bared  his  own  bosom  to  the  tomahawks  and  seal  ping-knives,  sharpened 
for  the  blood  of  unprotected  women  and  children  ?  Who  turned  back 
from  the  city  of  the  West,  the  confident  advance  of  a  ruthless,  and  until 
then,  unsubdued  enemy,  and  closed  the  second  war  against  American 
liberty  in  a  blaze  of  glory,  which  time  will  not  extinguish  ?  Who, 
when  peace  was  restored  to  his  beloved  country,  turned  his  spear  into  a 
pruning  hook,  and  retired  to  his  Hermitage,  until  the  spontaneous  voice 
of  his  fellow-citizens  called  him  forth  to  receive  their  highest  honors, 
and  to  become  the  guardian  of  their  most  sacred  trust !  Is  this  the 
man  who  is  to  be  condemned  without  a  trial  ?  Who  is  not  entitled  to 
the  privilege  allowed  him  by  the  constitution  of  his  country  ?  Sir,  this 
surely  should  not  be  so.  For  the  very  act  which  saved  a  city  from 


SPEECH  ON  CLAY'S  RESOLUTIONS.  767 

pillage  and  destruction,  and  the  soil  of  his  country  from  the  tread  of 
an  invading  enemy,  this  individual  was  accused  of  a  violation  of  the 
constitution  and  laws  of  his  country.  For  the  very  act  which  entitled 
him  to  the  proud  appellation  of  "  the  greatest  captain  of  the  age,"  he 
waa  convicted  and  condemned  as  a  criminal.  But,  Mr.  President,  he 
was  not  then  denied  a  trial.  Then  he  was  permitted  to  face  his  ac 
cusers,  to  hear  the  charges  preferred  against  him,  to  offer  his  defence, 
and  to  be  present  at  his  sentence.  In  gratitude  for  these  privileges  of 
a  freeman,  he  stayed  back  with  his  own  arm  the  advancing  wave  of 
popular  indignation,  while  he  bowed  his  whitened  locks  to  the  sen 
tence  of  the  law,  and  paid  the  penalty  imposed  upon  him  for  having 
saved  and  honored  his  country. 

"  Grant  to  him,  I  beseech  you,  Mr.  President ;  I  beseech  the  Senate, 
grant  to  that  old  man  the  privilege  of  a  trial  now.  Condemn  him  not 
unheard,  and  without  the  pretence  of  a  constitutional  accusation.  His 
rivalships  are  ended.  He  asks  no  more  of  worldly  honors.  '  He  has 
done  the  state  some  service.'  Age  has  crept  upon  him  now,  and  he 
approaches  the  grave.  Let  him  enjoy,  during  the  short  remainder  of 
his  stay  upon  earth,  the  right  secured  to  him  by  the  constitution  he  has 
so  often  and  so  gallantly  defended,  and,  if  indeed,  he  be  criminal,  let 
his  conviction  precede  his  sentence." 

Mr.  Wright  made  another  speech  on  the  31st  of 
March,  upon  the  presentation  of  memorials  from  the 
city  of  Albany  praying  for  the  recharter  of  the  bank, 
showing  that  that  was  not  the  prevailing  sentiment 
among  the  people  of  his  state  ;  and  on  the  6th  of  May, 
he  made  one  of  his  happiest  efforts  in  defence  of  the 
Protest. 

But  it  would  swell  this  work  far  beyond  its  original 
design,  to  present  a  detailed  account  of  Mr.  Wright's 
services  in  the  Senate.  He  invariably  spoke  on  all 
questions  of  great  importance,  always  with  ability,  and 


768  SILAS   WRIGHT. 

was  never  listened  to  otherwise  than  with  pleasure. 
His  high  talents,  his  manly  candor,  his  unfailing  court 
esy,  his  fearless  intrepidity,  and  his  unbending  integ 
rity,  gained  him  high  commendation,  and  when  his 
friend,  Senator  Benton,  called  him  "  the  Cato  of  the 
Senate,"  no  one  denied  that  the  honor  was  worthily 
bestowed. 

He  supported  all  the  great  measures  of  General 
Jackson's  administration  ;  and  defended  his  course 
during  the  difficulty  with  France,  and  the  financial 
policy,  in  pursuance  of  which  the  specie  circular  was 
issued.  He  opposed  the  distribution  of  the  proceeds 
of  the  public  lands,  and  the  act  dividing  the  surplus 
revenue  among  the  states. 

At  the  session  of  1834-5,  he  was  the  administration 
candidate  for  chairman  of  the  committee  on  finance, 
in  opposition  to  Mr.  Webster,  and  was  appointed  to 
the  second  place  on  the  committee.  He  was  also  a 
member  of  the  committee  on  commerce.  When  the 
democrats  obtained  the  ascendency  in  the  Senate,  he 
was  placed  at  the  head  of  the  finance  committee, 
where  he  remained  so  long  as  his  political  friends  had 
the  control  of  that  body.  He  was,  also,  during  several 
sessions,  a  member  of  the  committee  on  claims,  the 
duties  of  which  were  exceedingly  arduous,  but  he 
never  shrunk  from  the  burden  imposed  upon  him. 

In  May,  1835,  he  attended  the  democratic  national 
convention,  at  which  Mr.  Van  Buren  was  nominated 
for  the  presidency,  as  one  of  the  delegates  from  the 


THE  INDEPENDENT  TREASURY.          769 

state  of  New  York  ;  and  when  that  gentleman  suc 
ceeded  the  venerable  Jackson  in  the  presidential  chair 
— a  circumstance  that  afforded  him  unalloyed  gratifi 
cation — he  gave  to  his  administration,  not  merely  a 
cordial,  but  a  most  effective  support.  Mr.  Van  Buren 
reposed  the  fullest  confidence  in  his  ability  and  saga 
city,  in  the  disinterestedness  of  his  advice,  and  in  the 
sincerity  of  his  attachment ;  and  he  never  suggested 
an  important  measure,  or  took  an  important  step,  with 
out  consulting  with  him. 

When  the  banks  had  suspended  specie  payments,  in 
the  spring  of  1837,  and  thus  dissolved  their  connection 
with  the  government,  Mr.  Wright  advised  Mr.  Van 
Buren  to  recommend  the  Independent  Treasury  plan. 
The  time  had  now  arrived,  as  he  thought,  which  he 
had  anticipated  in  his  speech  on  the  New  York  Reso 
lutions,  in  1834,  and  a  favorable  opportunity  was  pre 
sented  for  the  government  to  return  to  a  hard-money 
currency,  by  simply  ceasing  to  employ  the  banks  as  its 
fiscal  agents,  or  rather  continuing  the  separation  then 
existing,  and  refusing  to  receive  anything  except  what 
the  constitution  recognised  as  money,  in  payment  of 
the  public  dues. 

During  the  summer  previous  to  the  extra  session  of 
1837,  he  prepared  two  articles,  under  the  title  of  "  The 
Times,"  which  were  published  in  the  St.  Lawrence 
Republican,  the  democratic  paper  in  his  county.  The 
first  article  treated  of  the  "  probable  continuance  of  the 
suspension  of  specie  payments  by  the  banks  ;"  and  the 

33 


770  SILAS   WRIGHT. 

second,  of  "  the  duties  and  responsibilities  imposed  upon 
the  national  government  by  the  suspension  of  specie 
payments  by  the  state  banks."  These  articles  were 
published  anonymously,  but  the  terse  and  masculine 
style  of  Silas  Wright  was  generally  recognized  ;  and 
they  attracted  much  attention  all  over  the  Union,  not 
only  on  account  of  the  ability  with  which  they  were 
written,  but  because  they  foreshadowed  the  separation 
of  bank  and  state  afterward  recommended  by  Mr.  Van 
Buren. 

At  the  regular  annual  session  of  the  New  York 
legislature,  in  the  winter  of  1837,  Mr.  Wright  was 
reflected  senator  for  the  full  term  of  six  years.  Mr. 
Hammond  states  that  this  election  was  made  by  "  the 
general  consent  of  his  political  friends."*  This  is  a 
mistake.  An  effort,  which  would  have  been  success 
ful  in  the  case  of  one  less  popular  with  the  people,  was 
made  in  the  democratic  legislative  caucus,  by  the  late 
ral  canal  and  state  bank  interests,  to  defeat  his  renomi- 
nation.  They  presented  Samuel  Beardsley,  of  Oneida 
county,  as  the  opposing  candidate,  and  gave  him  a 
considerable  vote.  Mr.  Wright  did  not  regard  this 
opposition  of  much  importance  at  the  time,  but  it  was 
never  forgotten  or  forgiven  by  his  immediate  friends, 
and  it  served  to  increase  the  difficulties  of  his  position 
when  he  became  governor  of  the  state. 

As  the  chairman  of  the  committee  on  finance,  Mr. 
Wright  reported  the  independent  treasury  bill,  at  the 

*  Political  History,  voL  ii.  p.  465. 


RE-ELECTION.  771 

extra  session  of  Congress  called  by  Mr.  Van  Buren,  in 
September,  1837.  As  originally  reported,  it  did  not 
embrace  the  specie  clause,  although  he  was  always  in 
favor  of  the  principle.  His  bill  did  not  contain  it,  be 
cause  some  of  the  democrats  in  Congress  were  under 
stood  to  be  opposed  to  taking  that  extreme  ground. 
It  was  amended  in  the  Senate,  however,  with  his  vote, 
so  as  to  require  the  collection  of  government  dues  in 
the  constitutional  currency. 

This  bill  failed  in  the  House  of  Representatives  at 
the  extra  session  ;  and  at  the  following  regular  session 
he  reported  another  bill,  more  complete  in  its  details, 
containing  the  specie  clause.  "The  one  previously 
introduced  had  constituted  each  officer  a  receiver ;  but 
this  proposed  the  appointment  of  persons  to  be  charged 
with  the  special  duty  of  keeping  and  paying  out  the 
public  funds.  This  provision  was  intended  to  obviate 
the  objection  which  had  been  raised,  that  the  adminis 
tration  was  desirous  of  establishing  an  army  of  office 
holders,  who  would  have  the  means  of  the  government 
at  their  disposal.  Severe  penalties  were  also  pre 
scribed,  for  any  neglect  of  duty,  or  breach  of  trust ; 
and  every  precaution  taken  to  provide  against  losses. 
The  opponents  of  the  measure  were  free  to  admit  that, 
waiving  the  principle  upon  which  the  bill  was  founded, 
nothing  could  be  better  calculated  to  carry  into  effect 
the  object  had  in  view.  Mr.  Wright  made  several  able 
speeches  while  this  question  was  agitated  in  Congress ; 
but  that  delivered  on  the  31st  of  January,  1838,  prob- 


772  SILAS    WRIGHT. 

ably  exceeded  them  all.  In  his  speech  on  that  occa 
sion,  he  reviewed  the  whole  subject  of  the  collection, 
keeping,  and  disbursement  of  the  public  revenue.  He 
avowed  it  as  his  firm  and  settled  conviction,  that  the 
state  banks  could  not  be  relied  upon  as  the  fiscal  agents 
of  the  government ;  for  the  reason  that,  as  state  insti 
tutions,  Congress  would  be  unable  to  exercise  that  con 
trol  over  them  which  was  absolutely  requisite.  He 
also  declared  that  there  could  be  no  middle  ground — 
that  a  system  based  on  the  principles  of  the  bill  before 
the  Senate  must  be  established,  or  they  would  be  com 
pelled  to  resort  to  a  national  bank.  The  bill  reported 
by  Mr.  Wright  was  discussed  for  a*long  time  in  the 
Senate,  and  on  the  24th  of  March  the  specie  clause 
was  stricken  out — yeas  thirty-one,  nays  fourteen.  Sev 
eral  of  the  democratic  senators  voted  for  the  motion, 
in  obedience  to  the  instructions  of  their  state  Legisla 
tures.  Mr.  Wright,  with  Mr.  Benton  and  Mr.  Calhoun, 
resisted  it  to  the  end.  On  the  26th  the  bill  passed  the 
Senate  by  a  vote  of  twenty-seven  to  twenty-five. 
Like  its  predecessor,  this  bill  was  laid  upon  the  table 
in  the  House — yeas  one  hundred  and  six,  nays  ninety- 
eight — the  whigs  and  conservatives  voting  for  the 
motion.  At  the  next  session,  in  1838-39,  Mr.  Wright 
again  brought  forward  the  independent  treasury  pro 
ject,  without  the  specie  clause,  in  the  hope  of  securing 
a  favorable  vote,  as  some  law  on  the  subject  was 
deemed  necessary ;  but  it  was  a  third  time  defeated. 
The  elections  for  members  of  the  twenty-sixth  Con- 


COURSE  IN  REGARD  TO  ABOLITION.       773 

gress,  however,  terminated  in  the  choice  of  a  reliable 
majority  for  the  administration,  in  the  House  of  Repre 
sentatives  ;  and  soon  after  the  commencement  of  its 
first  session,  Mr.  Wright  brought  forward  a  bill  estab 
lishing  the  system  which  he  had  so  earnestly  advocated 
since  the  extra  session  in  1837.  The  specie  clause 
was  added,  with  his  vote,  and  in  that  shape  it  passed 
the  Senate.  On  the  1st  of  July,  1840,  a  final  vote  was 
taken  on  the  bill  in  the  House,  which  resulted  in  its 
passage — yeas  one  hundred  and  twenty-four,  nays  one 
hundred  and  seven.  The  law  thus  enacted  was  known, 
by  its  title,  as  '  An  act  to  provide  for  the  collection, 
safe-keeping,  transfer  and  disbursement,  of  the  public 
revenue.'  "* 

In  common  with  all  the  leading  statesmen  of  the 
democratic  party  in  the  northern  states,  Mr.  Wright 
was  much  opposed  to  the  movements  and  proceedings 
of  the  abolitionists.  While  a  member  of  the  Senate, 
he  uniformly  voted,  either  to  lay  on  the  table,  or  to  re 
fuse  to  receive,  petitions  for  the  abolition  of  slavery  in 
the  District  of  Columbia.  He  supported  the  bill,  which 
passed  the  Senate  in  1836,  designed  to  prevent  the 
transmission  of  abolition  tracts  and  pamphlets  through 
the  mails  in  the  southern  states.  His  opinions  on  the 
subject  of  slavery  were  more  clearly  indicated,  per 
haps,  by  his  course  at  the  session  of  1837-8.  He  voted 
at  this  session,  with  Mr.  Clay  and  other  prominent 

*  Life  of  Silas  Wright,  p.  122. 


774  SILAS   WRIGHT. 

senators  of  both  parties,*  in  favor  of  a  resolution  de 
claring  that  any  interference,  on  the  part  of  the  citi 
zens  of  other  sections  of  the  Union,  with  slavery  in  the 
District  of  Columbia,  endangered  the  rights  of  the  citi 
zens  of  the  district,  violated  the  implied  faith  in  which 
the  cession  was  made  by  Maryland  and  Virginia,  and 
would  disturb  and  endanger  the  Union.  He  also  sup 
ported  a  resolution  offered  by  Mr.  Clay,  affirming  that 
it  would  be  injudicious  to  interfere  with  slavery  in  the 
territories — that  such  interference  would  be  a  violation 
of  faith  toward  those  who  had  been  permitted  to  settle 
and  hold  slaves  there — and  that  the  inhabitants  would 
be  exclusively  entitled  to  decide  the  question,  when 
admitted  into  the  Union. 

It  will  thus  be  seen,  that  Mr.  Wright  approved  of 
the  doctrine  of  non-interference,  generally  held  by  the 
members  of  his  party,  upon  the  subject  of  slavery  ;  and 
it  is  not  believed  that  his  views  were  ever  afterward 
changed.  He  approved  of  the  principle  of  the  "  Wil- 
mot  Proviso/*  in  1845-6  ;  but  a  new  question  was  then 
presented,  which  was,  whether  slavery  should  be  per- 

*  A  similar  remark  in  my  "  Life  of  Silas  Wright"  has  elicited  the 
indignation  of  Mr.  Hammond,  (Political  History  of  New  York,  vol.  iil 
p.  174) ;  and  he  affects  to  misunderstand  the  meaning  which  I  designed 
to  convey.  He  supposes  that  I  wished  to  justify  Mr.  Wright's  vote, 
on  the  ground  that  Mr.  Clay  voted  in  the  same  manner.  So  far  from 
this,  I  saw  nothing  that  needed  justification ;  and  my  only  object  was 
to  show,  that  all  the  great  statesmen  of  the  country,  of  both  political 
parties,  occupied  common  ground,  in  upholding  the  integrity  of  the 
Union  and  the  compromises  of  the  constitution. 


ORATION    AT    CANTON.  775 

milled  lo  exlend  itself  lo  ihe  territory  acquired  from 
Mexico.  To  this  extension  he  was  opposed, — but 
equally  so,  to  any  interference  with  that  institution 
where  it  already  existed  with  the  implied  or  expressed 
assent  of  the  government.  In  the  abstracl,  totally  dis 
approving  of  slavery,  he  nevertheless  voted  for  the  ad 
mission  of  Arkansas  and  Florida,  both  slave  slates,  into 
the  confederacy ;  and  he  did  not  oppose  the  annexa 
tion  of  Texas,  for  the  reason  thai  slavery  had  an  ex 
istence  ihere,  but  for  other  and  entirely  different 
reasons. 

On  the  4th  of  July,  1839,  he  delivered  the  oration  at 
the  celebration  in  Canton,  in  which  he  took  occasion 
to  give  utterance  to  his  views  upon  the  abolition  ques^ 
tion.  "  If,"  said  he,  "  there  be  those  among  us,  who, 
misled  by  a  mistaken  sympalhy,  or  by  sudden  excite 
ment,  upon  any  subject,  are  forgetting  their  obligations 
to  the  whole  country,  to  the  constitution,  and  the 
Union,  let  us  use  every  effort  of  persuasion  and  ex 
ample  to  awaken  them  to  a  sense  of  their  dangerous 
error.  If  those,  who,  for  the  sake  of  private  interesl, 
personal  ambition,  or  momentary  political  success,  are 
willing  to  experiment  upon  the  public  passions,  to  treat 
lightly  their  constitutional  obligations,  to  foment  sec 
tional  jealousies,  and  raise  up  geographical  distinctions 
within  the  Union,  let  the  absence  of  our  countenance 
and  support  convince  such,  that  the  personal  gratifica 
tion,  or  public  services  of  any  living  man,  are  not  ob 
jects  of  sufficient  magnitude  to  be  gained  at  the  expense 


776  SILAS    WEIGHT. 

of  the  harmony  of  the  country,  the  peace  of  the  Union, 
or  a  single  letter  in  the  list  of  our  constitutional  duties." 

He  approved  of  the  principles  of  the  bankrupt  law 
recommended  by  Mr.  Van  Buren,  but  opposed  that 
which  was  afterward  enacted,  under  the  administration 
of  Mr.  Tyler.  All  the  great  measures  in  regard  to  the 
public  lands,  brought  forward  and  supported  by  the 
democrats  in  Congress,  during  the  administration  of 
Mr.  Van  Buren,  received  his  approbation.  He  opposed 
the  various  bills  making  compensation  for  French 
spoliations  prior  to  1800,  which  were  considered  during 
his  term  of  service  in  the  Senate.  His  advocacy  of  a 
hard-money  currency  in  the  operations  of  the  govern 
ment  was  sincere,  and  he  exhibited  great  ability  in 
discussing  this,  as  he  always  did  other  financial  ques 
tions.  His  best  and  most  elaborate  speech  advocating 
a  return  to  a  specie  currency,  was  delivered  on  the  16th 
of  May,  1838. 

In  1837,  he  voted  in  favor  of  the  recognition  of 
Texan  independence,  but  against  the  proposition  to  an 
nex  Texas  to  the  United  States,  made  in  1838.  Still 
in  the  Senate,  in  1844,  he  opposed  the  ratification  of 
the  treaty  of  annexation  concluded  under  the  auspices 
of  Mr.  Tyler.  His  objections  to  this  measure  were,  not 
that  the  acquisition  of  Texas  was  undesirable,  but  be 
cause  the  claims  of  Mexico  were  not  first  disposed  of 
by  means  of  a  negotiation  with  her ;  because  the  boun 
daries  of  Texas  were  not  settled  by  the  treaty,  but 
were  left  undetermined,  and,  therefore,  by  implication, 


ANNEXATION    OF    TEXAS.  777 

sanctioned  the  claim  which  she  had  made  to  territory 
the  title  to  which  was  a  matter  of  doubt ;  and  because 
it  was  alleged,  by  Mr.  Calhoun,  who  concluded  the 
treaty  on  the  part  of  the  United  States,  that  the  object 
of  annexing  Texas  was  to  strengthen  and  secure  the 
slave  interest.  The  Senate  did  not  ratify  the  treaty, 
and  Texas  was  afterward  annexed  by  joint  resolutions, 
embracing  an  alternative  proposition  making  provision 
for  a  negotiation.  He  was  not  then  in  the  Senate, 
but,  had  he  been,  it  is  very  probable  he  would  have 
voted  for  the  resolutions. 

He  was  always  fearful  that  the  annexation  of  Texas, 
without  a  prior  negotiation  with  Mexico,  would  occa 
sion  hostilities  with  that  government,  and  his  fears  were 
ultimately  realized.  The  war  found  him  in  the  execu 
tive  chair  of  New  York,  but  he  contributed,  to  the  ex 
tent  of  his  power  and  influence,  to  the  support  of  the 
general  administration  in  the  measures  adopted  for  its 
prosecution. 

In  1840,  he  supported  Mr.  Van  Buren  for  reelection, 
and  during  the  canvass  delivered  a  number  of  effective 
speeches  from  the  stump.  But  the  efforts  of  himself 
and  other  friends  of  the  president  proved  unavailing, 
and  General  Harrison  was  declared  the  successful  can 
didate. 

Mr.  Wright  opposed  the  project  for  a  national  bank, 
the  distribution  of  the  revenue  arising  from  the  public 
lands,  and  all  the  great  measures  brought  forward  by  the 
whig  majority  in  the  27th  Congress.  He  voted  for  the 

33* 


778  SILAS    WRIGHT. 

tariff  law  of  1842,  however  ;  not  for  the  reason  that  he 
approved  of  a  high  protective  tariff,  but  solely  be 
cause  it  was  the  only  revenue  measure  proposed,  and 
if  it  were  not  passed,  the  government  would  be  bank 
rupt.  Under  the  administration  of  Mr.  Polk,  a  new 
tariff  law  was  enacted,  known  as  "  the  tariff  of  1846," 
which,  in  all  its  essential  features,  harmonized  with  the 
views  of  Mr.  Wright. 

Notwithstanding  his  warm  approbation  of  the  bank 
vetoes  of  President  Tyler,  Mr.  Wright  was  unwilling 
to  be  classed  among  the  particular  friends  of  that  gen 
tleman.  He  choose  to  remain  aloof  from  all  cliques  or 
factions,  contenting  himself  with  the  faithful  and  con 
scientious  discharge  of  his  senatorial  duties. 

In  February,  1843,  Mr.  Wright  was  once  more  re- 
elected.  Not  the  least  opposition  was  now  offered  to 
him,  and  he  was  unanimously  nominated  in  the  legisla 
tive  caucus,  on  the  first  ballot.  In  January,  1844,  the 
office  of  Associate  Justice  of  the  Supreme  Court  of 
the  United  States,  made  vacant  by  the  death  of  Smith 
Thompson,  was  tendered  to  him  by  President  Tyler, 
but  he  preferred  to  remain  in  the  Senate  and  therefore, 
declined  its  acceptance. 

He  was  ardently  desirous  that  Mr.  Van  Buren  should 
receive  the  nomination  for  president  in  1844,  but  he 
cordially  acquiesced  in  the  decision  of  the  Baltimore 
convention.  He  was  himself  nominated,  in  the  first 
place,  for  vice-president  on  the  same  ticket  with  Mr. 
Polk,  and  that  by  the  unanimous  voice  of  the  conven- 


ELECTED    GOVERNOR.  779 

tion ;  but  as  his  friend,  Mr.  Van  Buren,  had  been  the 
choice  of  New  York  for  the  first  office,  and  as  the  latter 
had  not  been  nominated  because  of  his  opposition  to  the 
immediate  annexation  of  Texas,  in  which  he  con 
curred,  he  refused  to  accept  the  nomination.  Still,  he 
gave  his  hearty  support  to  the  democratic  candidates. 

Several  months  previous,  he  had  been  solicited  to 
accept  the  nomination  for  governor  of  New  York,  by 
the  leading  radical  members  of  the  Legislature ;  but 
he  steadily  and  uniformly  refused  to  permit  his  name 
to  be  used,  with  his  consent  or  approbation,  in  opposi 
tion  to  the  incumbent,  Governor  Bouck.  Such  was 
the  dissatisfaction,  however,  existing  among  the  demo 
crats  in  the  state,  that  the  public  sentiment  of  the  party 
appeared  to  be  adverse  to  the  renomination  of  Gover 
nor  Bouck,  and  in  favor  of  the  selection  of  Mr, 
Wright,  who  had  not  been  identified  with  the  existing 
divisions  and  dissensions,  as  his  successor. 

At  the  democratic  state  convention,  held  at  Syra 
cuse  on  the  4th  of  September,  Mr.  Wright  was  nomi 
nated  for  governor,  on  the  first  or  informal  ballot,  by  a 
vote  of  ninety-five  to  thirty  for  Mr.  Bouck.  The 
nomination  was  then  made  unanimous,  with  the  hearty 
concurrence  of  the  friends  of  the  latter ;  and  the  whole 
party,  united  in  its  energies  and  efforts,  went  into  the. 
canvass  with  a  spirit  and  energy  indicative  of  the  suc 
cess  that  awaited  it.  Associated  with  Mr.  Wright,  on 
the  democratic  ticket,  as  the  candidate  for  lieutenant- 
governor,  was  Addison  Gardiner,  of  Monroe  county. 


SILAS    WRIGHT. 

Millard  Fillmore,  of  Erie  county,  deservedly  one  of  the 
most  popular  men  in  the  state,  and  the  present  chief 
magistrate  of  the  Union,  was  the  opposing  candidate 
for  governor ;  and  Samuel  J.  Wilkin,  of  Orange 
county,  was  supported  by  the  Whigs  for  lieutenant- 
governor. 

The  contest  was  an  animated  one.  The  whig  can 
didates  in  the  state  and  nation  enjoyed  a  high  degree 
of  popularity,  and  were  sustained  with  great  enthusi 
asm.  The  nomination  of  Mr.  Wright  secured  the  vote 
of  New  York  for  the  democratic  ticket,  and  that  vote 
decided  the  presidential  question.  The  democratic 
electoral  ticket  succeeded  in  this  state  by  a  little  over 
five  thousand  majority,  but  the  majority  of  Mr.  Wright 
over  his  opponent  exceeded  ten  thousand.  He  did  not 
again  take  his  seat  in  the  Senate,  but  resigned  it,  in  the 
month  of  November,  shortly  after  the  election. 

In  regard  to  questions  of  state  policy,  he  was  well 
known  to  agree,  in  the  main,  with  the  radical  demo 
crats,  consequently,  no  one  was  surprised,  on  the  ap 
pearance  of  his  first  message,  in  January,  1845,  to  find 
that  he  endorsed  the  law  of  1842  to  the  fullest  extent. 
But  most  of  the  radicals  were  now  committed  in  favor 
of  a  convention  to  revise  the  constitution,  for  the  pur 
pose,  more  particularly,  of  incorporating  the  guaran 
ties,  pledges,  and  restrictions,  of  that  act,  into  the  fun 
damental  law  of  the  state.  Governor  Wright  was  not 
prepared  to  approve  of  the  convention  project ;  he 
was  of  the  opinion  that  all  desirable  amendments  could 


ANTI-RENT    EXCITEMENT.  781 

be  made  through  the  agency  of  the  Legislature,  and  so 
expressed  himself  in  his  message.  He  stated,  how 
ever,  that  if  those  amendments  were  not  made,  the 
necessity  for  a  convention  would  be  more  urgent,  and 
probably  might  be  necessary. 

He  found  the  peace  of  the  state  disturbed  by  the 
forcible  resistance  offered  to  the  execution  of  the  laws, 
by  the  anti-renters  in  Columbia,  Delaware,  and  other 
counties.  He  approved  of  Governor  Bouck's  course 
in  ordering  out  the  militia  to  put  an  end  to  the  dis 
turbances  in  Columbia  county ;  and  during  his  whole 
administration,  pursued  a  firm  and  decided  policy,  in 
availing  himself  of  all  his  official  power  and  influence, 
to  preserve  the  public  tranquillity,  and  to  maintain 
the  integrity  and  supremacy  of  the  law.  In  1845,  he 
recommended  the  passage  of  laws  to  prohibit  persons 
from  wearing  disguises,  and  to  authorize  the  governor 
to  declare  a  county  in  a  state  of  insurrection  under 
certain  circumstances,  and  to  call  out  an  armed  force 
to  suppress  it ;  these  laws  were  promptly  enacted  by 
the  Legislature  at  the  session  of  1845.  In  August, 
1845,  one  of  the  deputies  of  the  sheriff  of  Delaware 
county  was  murdered  by  the  anti-renters,  and  this  out 
rage  was  followed  by  other  alarming  violations  of  law 
and  order.  He  immediately  issued  his  proclamation, 
in  accordance  with  the  act  of  1845,  and  ordered  out  a 
military  force.  The  insurrection  was  quelled;  a  num 
ber  of  the  anti-renters  who  were  present,  disguised  as 
Indians,  at  the  time  of  the  murder  in  Delaware  county, 


782  SILAS    WRIGHT. 

were  arrested,  tried,  and  convicted.  Two  persons 
were  found  guilty  of  the  murder,  as  accessories,  though 
it  appeared  that  they  did  not  actually  commit  it.  For 
this  reason,  and  at  the  request  of  the  jurors  by  whom 
they  were  convicted,  Governor  Wright  commuted  their 
punishment  to  imprisonment  for  life. 

He  was  urgently  solicited  to  pardon  all  the  anti- 
renters,  upon  the  ground  that  their  offences  were 
political ;  but  he  firmly  refused,  up  to  the  last  hour  of 
his  official  term.  Yet,  at  the  same  time,  he  freely  ex 
pressed  his  disapprobation  of  the  manorial  tenures, 
and  his  sincere  wish  that  a  system  so  inconsistent  with 
the  other  institutions  of  the  state,  could  be  done  away, 
in  some  amicable,  legal,  and  constitutional  manner, 
and  the  tenants  become  the  owners  in  fee  of  the  land 
which  they  occupied. 

It  is  quite  evident,  that  it  was  the  desire  of  Mr. 
Wright,  when  he  entered  upon  the  office  of  governor, 
to  pursue  a  middle  course  between  the  radical  and 
conservative  democrats,  and,  so  far  as  that  was  possi 
ble  with  the  maintenance  of  his  own  views  and  prin 
ciples  upon  important  questions,  to  conciliate  the  favor 
and  good-will  of  both  factions.  As  in  the  case  of 
Governor  Bouck,  this  was  his  great  mistake.  So  much 
bitterness  of  feeling  had  been  engendered,  that  it  was 
impossible  for  them  to  harmonize ;  and  his  true  course 
should  have  been,  to  identify  himself  with  the  radi 
cals  on  the  start,  as  he  afterward  did,  though  it  was 


PARTY    DISSENSIONS.  783 

then  too  late  to  be  productive  of  anything  but  disaster 
to  his  political  fortunes. 

The  leading  radicals  were  not  at  all  satisfied  with 
his  position  and  course  when  he  first  became  governor. 
They  doubted  and  distrusted  him.  They  wished  him 
to  reorganize  the  democratic  party,  and  to  place  him 
self  at  its  head,  as  Mr.  Van  Buren  had  done  in  1820. 
But  he  had  not  the  nerve  to  undertake  this, — not  the 
tact  to  accomplish  it.  He  understood  men  perfectly, 
but  did  not  know  how  to  use  them.  He  was  a  states 
man,  not  a  managing  politician.  He  lacked  policy. 
He  was  Cato,  not  Caesar.  Like  the  geologist,  he  knew 
the  properties  of  his  materials,  but  he  had  not  the  skill 
of  the  artist  to  mould  them  into  shape  and  comeliness. 

In  the  Legislature  of  1845,  the  two  factions  were 
about  equal  in  point  of  numbers,  but  a  large  portion 
of  the  members  belonging  to  either  side  were  moderate 
men,  and  would  have  followed  Governor  Wright  if  he 
had  identified  himself  with  either.  But  they  saw  he 
was  neutral,  and  of  course  followed  their  own  prefer 
ences,  till  they  became  interested  and  decided  in  main 
taining  them,  and  could  no  longer  be  influenced,  except 
in  favor  of  the  faction  to  which  they  belonged.  The 
course  of  Mr.  Wright  in  opposing  a  convention  in  his 
message,  strengthened  the  conservatives  a  great  deal ; 
indeed,  it  was  everything  to  them.  The  constitutional 
amendments  which  had  been  so  often  proposed,  and 
by  which  it  was  designed  to  make  the  pledges  and 
guaranties  of  the  act  of  1842  a  part  of  the  constitu- 


784  SILAS    WRIGHT. 

tion,  were  defeated,  as  they  required  a  vote  of  two 
thirds,  by  the  whigs  of  the  Legislature,  who  now,  also, 
advocated  a  convention  to  revise  the  constitution. 
The  conservatives,  or  hunkers,  then  consented  to  go 
with  the  radicals  in  support  of  a  convention,  provided 
all  the  amendments  made  should  be  required  to  be 
submitted  separately  to  the  people.  In  this  respect, 
too,  they  had  the  sympathy  of  Governor  Wright ;  but 
by  going  with  them  thus  far,  it  only  increased  their 
unfriendliness  of  feeling  toward  him,  when  he  deter 
mined  to  approve  the  convention  bill  as  it  at  length 
passed  the  Legislature,  with  the  separate  submission 
feature  excluded  by  the  votes  of  the  whig,  and  radical 
members.  In  this  shape  the  bill  became  a  law,  and  he 
was  now  connected  and  associated  with  the  radical 
interest.  His  identification  with  them  was  made  com 
plete,  by  his  veto  of  the  canal  bill  which  passed  the 
Legislature,  with  the  votes  of  the  whigs  and  conserva 
tives,  in  1845,  making  appropriations,  among  others, 
for  continuing  the  work  on  the  unfinished  canals, 
which,  in  his  opinion,  conflicted  with  the  law  of  1842. 

Governor  Wright  was  at  length  identified  with  the 
radicals,  but  he  had  made  the  conservatives  his  ene 
mies.  The  two  factions  could  not  agree  upon  a  legis 
lative  address  and  resolutions  at  the  close  of  the  ses 
sion  of  1845;  and  from  this  time  forward,  the  war 
between  them  was  conducted  with  even  greater  spirit 
and  bitterness  than  before. 

In  his  annual  message  in  1846,  Governor  Wright 


CONSTITUTIONAL    CONVENTION.  785 

repeated  the  same  views  in  regard  to  the  financial 
policy  of  the  state,  which  he  had  advocated  in  his  re 
port  in  the  New  York  Senate,  in  his  message  at  the 
previous  session,  and  in  the  veto  of  the  canal  bill. 
The  anti-rent  excitement  had  now  measurably  subsided, 
and  he  recommended  the  abolition  of  distress  for  rent 
on  all  leases  thereafter  executed,  the  taxation  of  the 
income  of  landlords,  and  the  restriction  of  the  duration 
of  leases  to  five  or  ten  years.  These  recommendations 
were  approved  by  the  Legislature,  and  laws  were 
passed  in  accordance  therewith,  except  that  the  time- 
of  leases  was  not  restricted,  though  this  was  afterward 
done  by  the  constitution  of  1846. 

But  little  business  of  a  general  character  was  trans 
acted  by  the  Legislature  of  1846,  in  consequence  of 
the  anticipated  constitutional  convention  to  be  held  in 
June  following.  The  sitting  of  this  convention  was 
the  great  event  of  the  last  year  of  his  administration, 
and  the  revised  constitution  which  they  presented  to 
the  electors  of  the  state  met  with  his  hearty  approba 
tion.  He  was  particularly  gratified  with  the  incorpo 
ration  of  the  leading  and  most  important  principles  of 
the  law  of  1842  in  the  new  constitution. 

Open  opposition  to  Governor  Wright  personally, 
was  not  exhibited  by  the  conservative  democrats,  or 
hunkers,  although  the  radicals,  or  barnburners,  claimed 
to  be  his  particular  friends.  Such  was  the  influence 
of  his  name,  and  his  wide-spread  popularity,  that  more 
than  nine  tenths  of  the  members  of  the  democratic 


50 


786  SILAS    WRIGHT. 

state  convention  held  in  the  fall  of  1846,  were  in  favor 
of  his  renomination.  He  was,  accordingly,  again  pre 
sented,  with  apparent  unanimity,  as  the  democratic 
candidate  for  governor.  Mr.  Gardiner  was  also  re- 
nominated.  John  Young,  of  Livingston  county,  and 
Hamilton  Fish,  of  the  city  of  New  York,  were  the 
opposing  candidates. 

The  result  of  the  election  was  not  a  matter  of  much 
doubt.  The  murmurs  of  the  hunkers  were  not  loud, 
but  deep,  and  in  some  counties,  a  great  number  of  them 
either  erased  his  name  from  the  democratic  ticket,  or 
supported  the  opposing  candidate.  Mr.  Wright's  refu 
sal  to  pardon  the  anti-renters,  or  to  pledge  himself  to 
do  so  if  he  were  reelected,  prevented  his  receiving  the 
support  of  their  friends,  who  voted  for  Messrs.  Young 
and  Gardiner.  Both  these  gentlemen  were  consequent 
ly  elected, — the  majority  of  Mr.  Young  over  Governor 
Wright  exceeding  eleven  thousand. 

His  defeat  was  not  unexpected  to  Mr.  Wright. 
When  he  consented  to  accept  the  gubernatorial  nomi 
nation,  he  anticipated  just  such  a  result,  if  he  should 
be  a  candidate  for  a  second  election.  He  was  not, 
therefore,  either  chagrined  or  disappointed ;  but  at  the 
close  of  his  term,  retired  to  his  residence  at  Canton, 
and  busied  himself  in  the  improvement  of  a  farm  which 
he  had  recently  purchased. 

But  the  eyes  of  his  countrymen,  in  all  parts  of  the 
Union,  were  fixed  upon  him.  His  senatorial  honors 
were  far  too  brilliant  to  be  dimmed  by  a  defeat  occa- 


HIS    DEATH.  787 

sioned  by  the  divisions  of  his  party.  In  several  of  the 
most  distant  states,  he  had  been  nominated  as  a  candi 
date  for  the  next  presidency,  in  the  columns  of  leading 
democratic  journals ;  but  all  the  hopes  of  his  friends, 
and  the  aspirations  of  his  ambition,  if  such  he  had,  were 
blasted,  by  his  sudden  death,  which  took  place  at  Can 
ton,  on  the  27th  day  of  August,  1847. 

Ever  since  his  return  from  Albany,  he  had  been 
constantly  engaged  in  working  upon  his  farm,  like  any 
common  laborer.  The  land  was  new,  and  he  had 
worked  considerably  in  digging  and  clearing  out  ditches, 
and  in  other  occupations  that  required  a  stooping  posi 
tion.  He  also  did  his  share  of  the  labor  in  the  harvest- 
field,  and  seemed  never  so  happy  as  now,  since  he  had 
laid  aside  the  robes  of  office,  and,  like  Cincinnatus,  was 
enjoying  himself,  in  the  noble  employment  of  cultivat 
ing  the  soil.  After  working  hard  during  the  day,  he 
spent  his  evenings  in  conducting  his  extensive  corres 
pondence,  and  for  two  or  three  weeks  previous  to  his 
death,  in  preparing  an  address  to  be  delivered  before 
the  State  Agricultural  Society  at  the  annual  fair. 
This  address  was  completed,  and  was  read  before  the 
society,  by  his  friend  John  A.  Dix.  It  is  a  most  afole 
production,  and  is  mainly  confined  to  the  discussion  of 
the  question,  whether  the  consumption  of  the  country 
equalled,  or  would  probably  equal  in  any  calculable 
period,  its  agricultural  production,  and,  inferentially, 
to  the  effect  of  a  high  protective  tariff  upon  the  export 
ing  or  farming  interest. 


788  SILAS    WRIGHT. 

His  death  was  occasioned  by  the  disease  of  the 
heart,  or  blood-vessels  connected  with  it,  known  among 
medical  men  as  angina  pectoris,  to  which  he  was  prob 
ably  constitutionally  inclined,  and  which  was  developed 
or  hastened  in  its  effect,  by  over-exertion  and  fatigue 
during  the  summer. 

"In  person,  Mr.  Wright  was  large  and  muscular, 
hale  and  vigorous.  His  stature  was  about  five  feet 
and  nine  or  ten  inches.  His  complexion  was  florid ; 
his  hair  a  light  brown  ;  and  his  eyes  of  a  bluish  gray. 
Constant  exercise  in  early  youth  had  developed  his 
form,  and  rendered  him  hearty  and  robust.  He  was 
somewhat  inclined  to  corpulency  in  later  years,  but  not 
by  any  means  what  could  be  called  gross.  He  was 
aware  of  the  plethoric  tendency  of  his  constitution,  and 
for  that  reason,  probably,  devoted  more  of  his  leisure 
time  to  manual  labor  than  he  otherwise  would  have 
done.  He  dressed  quite  plainly,  and  was  simple  in  all 
his  habits.  He  usually  enjoyed  excellent  health  ;  ex 
cept  in  the  fall  of  1834,  he  was  never  known  to  be 
seriously  ill,  until  the  fatal  attack  that  terminated  his 
existence. 

"  In  his  domestic  relations,  he  was  everything  that 
could  be  desired — a  tender  and  affectionate  husband — 
a  faithful  and  devoted  friend.  He  had  no  children. 
As  has  been  beautifully  said  of  Washington  and  Jack 
son — '  Providence  denied  him  these,  that  he  might  the 
better  serve  his  country  ;'  or,  as  he  himself  expressed 
it,  '  that  he  might  be  a  father  to  the  children  of  his 


APPEARANCE    AND    CHARACTER.  789 

friends !'  His  manners  were  affable,  and  his  address 
pleasing  and  agreeable.  He  never  forgot  the  dignity 
of  his  position  or  of  his  character  ;  but  he  always  had 
a  kind  word  and  a  cheerful  smile  to  greet  those  who 
visited  him.  As  a  citizen,  he  was  generous  and  public- 
spirited,  and  the  influence  of  his  example  was  upon  the 
side  of  morality  and  good  order.  Says  one  who  knew 
him  intimately  for  many  years  :  '  In  his  social  inter 
course,  I  never  heard  him  utter  an  unchaste  word,  or 
an  immoral  sentiment.  Whenever  he  returned  from 
his  public  positions,  to  the  place  of  his  residence,  he 
returned  to  the  simple,  frugal,  and  industrious  habits 
of  a  New  England  farmer,  and  to  the  kind  and  neigh- 
borly  offices  which  so  eminently  distinguished  the  early 
rural  population  of  our  pilgrim  fathers/ 

"  In  the  public  schools  and  seminaries  of  learning, 
in  his  own  county,  and  jn  the  state  at  large,  he  took 
a  deep  interest.  Anything  designed  to  increase  the 
happiness,  or  promote  the  prosperity,  of  his  fellow- 
citizens,  was  sure  to  receive  his  patronage  and  encour 
agement.  He  was  not  in  affluent  circumstances,  yet 
he  possessed  what  to  one  of  his  moderate  wants,  was  a 
competency.  Though  he  had  filled  many  high  offices, 
and  occupied  situations  which  afforded  him  frequent 
opportunities  for  the  acquisition  of  wealth,  his  thoughts 
were  directed  to  other,  and,  unless  riches  are  sought 
in  the  proper  spirit,  to  what  may  be  called  nobler  pur 
poses.  His  punctuality  was  proverbial.  After  he  be 
came  a  member  of  the  Senate,  his  correspondence  was 


790  SILAS    WRIGHT. 

extensive,  and  often  proved  a  great  tax  to  him,  in  time, 
if  not  in  money.  But  he  was  never  forgetful  of  those 
who  addressed  him,  and  invariably  adhered  to  his  rule, 
not  to  leave  a  letter  unanswered  for  a  single  day,  ex 
cept  where  the  nature  of  the  subject  required  a 
lengthy  and  deliberate  reply. 

"  Silas  Wright  was  not  an  orator — that  is,  he  would 
not  have  been  termed  eloquent,  in  the  common  accep 
tation  of  the  word.  There  was  no  attempt  at  display 
in  his  manner,  nor  rhetorical  embellishment  in  his  lan 
guage  ;  but  he  was  an  able  and  intelligent  speaker. 
He  had  not  the  graceful  delivery  of  Clay,  of  the  em 
phatic  earnestness  of  Calhoun ;  yet  there  was  a  sub 
dued  enthusiasm  in  his  style  of  speaking  that  was  irre 
sistibly  captivating ;  and  though  his  voice  was  not 
pleasant,  this  was  almost  instantly  forgotten  in  the 
beauty  of  his  argument.  There  was  nothing  declam 
atory  about  him.  He  appealed  to  no  man's  passions 
or  prejudices.  He  was  cool  and  collected,  and  care 
fully  preserved  his  own  equanimity,  while  he  avoided 
giving  offence,  or  provoking  ill-feeling.  He  spoke 
slowly,  but  distinctly  and  fluently,  and  with  evident 
care  and  deliberation.  His  hearers  were  charmed ; 
and  listened,  but  to  be  charmed  again.  Every  word 
seemed  to  issue  forth  at  the  proper  time,  and  in  the 
proper  place.  All  was  clear,  forcible,  logical  and  per 
suasive. 

"  He  was  not  destitute  of  ambition ;  but  his  was  not 
that  low  and  grovelling  passion  which  seeks  its  gratifi- 


MENTAL    QUALITIES.  791 

cation  in  the  present — it  was  rather  that  nobler,  and 
purer,  and  loftier  sentiment,  which  is  directed  to  higher 
ends  and  higher  aims ;  which  strives  for  the  welfare  of 
one's  country  and  race  ;  and  looks  to  the  future,  not 
over-confident,  but  trustful  and  hopeful,  for  a  sure  re 
ward.  He  was  totally  devoid  of  selfishness.  During 
the  administrations  of  Jackson  and  Van  Buren,  he 
might  have  commanded  some  of  the  most  lucrative 
offices  in  the  gift  of  the  national  executive,  but  he 
asked  for  none  of  them ;  and  when  they  were  tender 
ed  to  him,  he  put  them  aside,  not  as  Caesar  put  aside 
the  crown,  to  have  them  urged  upon  him,  but  because 
he  was  content  to  remain  where  he  was,  in  the  Sen 
ate.  The  sterling  qualities  of  his  mind,  peculiarly  fitted 
him  for  the  sphere  in  which  he  moved.  It  has  been 
said,  that  "  the  book  of  a  statesman  is  the  human 
heart."  No  one  perused  it  more  attentively  than  he. 
His  foresight  and  sagacity  were  remarkable.  He  was 
a  sound  and  careful  thinker — clear-headed,  practical, 
and  discreet.  His  mind  was  evenly  balanced  and  well 
disciplined.  Success  was  not  followed  by  a  lack  of 
caution ;  and  danger  did  not  intimidate  him.  Like 
the  sturdy  Alpine  hunter,  with  the  mountain-torrent 
dashing  beneath  his  feet,  and  the  dreaded  avalanche 
thundering  in  the  distance,  he  was  not  indifferent  to 
peril,  but  firmly  and  calmly  prepared  to  meet  it.  Poli 
tics  appeared  to  him  to  be  a  science  worthy  of  the 
best  energies  of  his  mind,  and  he  sought,  in  his  life  and 
conduct,  to  give  it  that  elevated  character  which  it  de- 


792  SILAS    WRIGHT. 

served.     He  belonged  to  a  higher  grade  of  politicians 
— he  was  a  statesman."* 

He  has  left  behind  him  an  honored  and  an  honorable 
name  among  American  statesmen.  "  Celebrated  men," 
said  Napoleon,  "  lose  on  a  close  view."  It  was  not  so 
in  the  case  of  Mr.  Wright.  The  more  critical  the  ex 
amination  of  his  character,  the  more  beauties  are  dis 
closed.  There  is  a  fullness,  a  completeness,  a  symme 
try,  about  it,  which,  like  a  piece  of  statuary  of  perfect 
proportions,  charms,  interests,  and  excites  feelings  of 
admiration.  He  possessed  rare  intellectual  faculties, 
rather  imitative,  perhaps,  than  creative;  but  his  mind 
was  capacious,  and  had  a  striking  amplitude  of  com 
prehension. 

He  looked  for  models  of  statesmanship  to  republican 
Rome,  and  preferred  to  be  Cato,  or  Cincinnatus,  rather 
than  Shaftesbury  or  Sunderland.  Like  Montague  and 
Walpole,  he  was  a  skilful  financier,  but  how  much  did 
he  improve  upon  the  authors  of  the  funding  system 
and  the  excise  scheme !  He  maintained,  throughout 
his  life,  a  high  character  for  integrity  in  his  public  and 
private  relations.  He  was  not  a  daring  politician,  and 
never  struck  out  in  advance  of  his  party  ;  yet  he  never 
opposed  useful  and  needed  reform.  In  this  respect  he 
was  both  a  conservative  and  a  radical.  A  rigid  party 
man,  he  was,  nevertheless,  an  honest  legislator;  one 
who  kept  the  great  end  of  legislation,  the  welfare  of 
the  people,  constantly  in  his  view. 

»  Life  of  Silas  Wright,  p.  259  et  seq. 

4 


JOHN   YOUNG. 

LIKE  his  distinguished  predecessor  in  the  chair  of 
state,  this  gentleman  came  from  Vermont  to  New  York. 
He  is  a  native  of  the  former  state,  and  was  born  in  the 
year  1802.  His  father,  Thomas  Young,  emigrated  from 
Vermont  when  he  was  a  lad,  and  settled  in  the  town 
of  Conesus,  Livingston  county,  where  he  at  present 
resides.  For  many  years  he  kept  a  public-house  in 
that  town,  but  during  the  latter  part  of  his  life  has  cul 
tivated  the  farm  which  he  now  owns  and  occupies. 
Though  a  man  of  rather  eccentric  character,  he  pos 
sesses  extraordinary  good  sense ;  and  in  his  younger 
days,  was  conspicuous  for  his  enterprise  and  persever 
ance.  He  had  just  those  qualities,  in  a  word,  which 
fitted  him  for  one  of  the  pioneers  of  western  New 
York ;  and  which,  in  the  evening  of  his  life,  he  can 
see  manifested  and  developed  by  his  son,  in  a  different 
career,  and  under  different  circumstances.  His  wife, 
the  mother  of  the  governor,  is  said  by  all  who  know 
her,  to  be  an  amiable  and  excellent  woman;  and  both 
she  and  her  husband,  are  highly  respected  and  es 
teemed,  in  the  circle  of  their  acquaintance,  for  their 
intelligence,  and  for  their  traits  of  mind  and  character. 
34 


794 


JOHN    YOUNG. 


JOHN  YOUNG  was  their  only  child,  and  as  may  well 
be  presumed,  no  advantages  were  denied  him,  that 
could  serve  to  bring  out  and  strengthen  those  germs 
of  talent,  which  constituted  the  budding  promise  of  his 
earlier  years,  and,  now  that  they  are  fully  ripened  and 
matured,  are  regarded  with  so  much  satisfaction  by  his 
numerous  friends. 

But  the  circumstances  of  his  father  were  moderate, 
indeed  humble.  He  had  not  the  pecuniary  ability  to  be 
stow  a  finished  education  upon  his  son,  but  he  furnished 
his  mind  as  liberally  as  his  means  would  permit,  taught 
him  the  duty  of  self-reliance,  and  sent  him  forth  into 
the  world  with  his  blessing,  to  achieve  his  own  for 
tunes,  and  to  carve  out  a  destiny  for  himself.  He  re 
ceived  his  early,  and  his  only  education,  at  the  common 
schools — which  were  common  enough  in  those  days — 
chiefly  in  the  town  of  Conesus,  where  his  parents  re 
sided. 

His  youthful  ambition  had  fixed  his  hopes  and  desires 
upon  the  profession  of  the  law;  but  he  was  unable  to 
gratify  them  till  he  reached  man's  estate.  Having 
once  determined  on  his  course,  however,  no  obstacles 
were  allowed  to, interfere  with,  or  to  prevent,  the  ac 
complishment  of  his  desires.  Before  him  was  the  goal 
on  which  his  thoughts  were  fixed ;  all  his  energies 
were  directed  toward  the  attainment  of  his  wishes;  and 
the  difficulties  that  occasionally  sprung  up  in  his  path, 
only  sharpened  the  zest  and  increased  the  eagerness, 
with  which  he  prosecuted  his  preliminary  studies. 


STUDIES    LAW.  795 

In  1823,  he  commenced  the  study  of  the  law  in  the 
office  of  Augustus  A.  Bennett,  a  highly  respectable 
lawyer,  at  East  Avon,  in  Livingston  county.  Unwil 
ling  to  be  a  burden  upon  his  father,  he  supported  him 
self  while  reading  law,  by  teaching  a  common  school, 
and  the  customary  practice  in  justices'  courts  which 
usually  falls  to  the  lot  of  students.  His  clerkship  was 
completed  at  Geneseo,  the  county-seat  of  Livingston, 
in  the  office  of  Ambrose  Bennett,  a  prominent  member 
of  the  bar  in  that  county,  and,  till  his  death,  which 
took  place  in  1833,  a  leading  and  active  politician. 

Mr.  Young  was  admitted  to  the  bar  of  the  Supreme 
Court  in  1829,  having  been  previously  admitted  as  an 
attorney  of  the  Livingston  Common  Pleas,  and  imme 
diately  commenced  practice  at  Geneseo,  where  he 
continued  to  reside  till  his  election  to  the  office  of 
governor.  His  professional  success  was  alike  flatter 
ing  to  his  talents  and  his  character.  Possessing  re 
markable  shrewdness  and  perseverance,  a  thorough 
knowledge  of  human  nature,  good  common  sense, — 
native  talents  above  mediocrity,  developed  and  invigo 
rated  by  the  experience  to  which  the  character  of  a 
self-made  man  must  always  be  subjected — together 
with  integrity,  fidelity,  and  industry,  he  was  well  fitted 
to  encounter  the  difficulties  and  embarrassments  inci 
dent  to  a  professional  career,  and  to  achieve  the  tri 
umphs  which  await  desert  like  that  which  he  exhibited. 
Political  and  personal  considerations,  in  a  majority  of 
cases,  influence  the  opinions  of  the  people  of  a  county 


796  JOHN    YOUNG. 

in  regard  to  the  members  of  their  bar.  It  cannot  be 
said,  therefore,  that  Mr.  Young  was  placed,  by  general 
consent,  at  the  head  of  his  profession  in  Livingston 
county ;  others  had  their  friends  and  admirers,  as  well 
as  himself, — yet  it  is  true,  that  every  one  conceded  to 
him  a  place  in  the  very  front  rank,  while  he  remained 
in  practice. 

He  was  an  active  politician  in  early  life.  His 
friend,  Mr.  Bennett,  was  a  democrat  and  a  Jackson 
man  ;  and  Mr.  Young's  predilections  when  he  first 
became  a  voter  inclined  him  to  support  the  measures 
and  the  candidates  of  the  republican  or  democratic 
party.  Becoming  well  and  widely  known  to  the  citi 
zens  of  the  county,  while  engaged  in  the  study  of  the 
law,  he  was  nominated  as  the  democratic  candidate  for 
county  clerk  in  the  fall  of  1828,  but  was  defeated  by 
the  antimasonic  and  opposition  candidate.  At  this 
election  he  supported  General  Jackson  and  Mr.  Van 
Buren,  with  his  accustomed  energy  and  activity. 

From  the  first,  he  had  disapproved  of  the  outrage 
committed  by  some  of  the  members  of  the  masonic 
society  in  the  abduction  of  Morgan ;  he  believed  the 
institution  to  be  exceedingly  dangerous  in  its  tendency ; 
and  from  agreeing  and  sympathizing  with  the  anti- 
masons  in  these  general  views,  it  was  easy  for  him  to 
associate  himself  with  the  new  party  which  was  about 
this  time  formed  in  western  New  York.  The  district 
of  country  in  which  he  resided  was  thoroughly  infected 
with  antimasonry,  and  many  of  the  most  active  Jack- 


ELECTED    TO    THE    LEGISLATURE.  797 

son  men  attached  themselves  to  the  antimasonic  party 
at  the  time  of,  or  soon  after,  its  first  organization.  It 
was,  in  truth,  made  up  of  all  parties,  and  contained 
men  who  had  been  the  most  decidedly  opposed  to  each 
other  upon  the  general  questions  which  had  before  di 
vided  political  parties. 

In  1829,  he  connected  himself  with  the  antimasonic 
party,  and  adhered  to  its  fortunes  with  fidelity,  amid 
all  its  changes  and  vicissitudes,  till  it  united  with  the 
old  national  republicans,  and  formed  the  present  whig 
organization.  From  1828  to  1837,  he  held  several 
minor  town  offices,  the  duties  of  which  were  discharged 
with  ability  and  promptitude.  In  1831,  he  was  one  of 
the  antimasonic  candidates  for  the  assembly,  his  col 
league  being  George  W.  Patterson,  late  lieutenant- 
governor  6*f  the  state.  The  antimasons  were  largely 
in  the  ascendant  in  Livingston  county,  and  no  serious 
opposition  was  offered  to  their  candidates  for  the  Legis 
lature,  both  of  whom  were  elected. 

Mr.  Young  was  appointed  a  member  of  the  judiciary 
committee  in  the  Assembly,  and  took  a  high  stand  in 
the  little  band  of  his  political  friends  who  had  been 
chosen  to  this  Legislature.  Francis  Granger,  however, 
was  the  champion  and  leader  of  the  antimasonic  pha 
lanx,  and  those  members  who  were  less  known  and 
less  experienced,  did  not  have  that  opportunity  for 
distinguishing  themselves  which  would  otherwise  have 
been  presented.  Mr.  Young  occasionally  took  part  in 
the  debates,  and  always  acquitted  himself  in  a  credit- 


798  JOHN    YOUtfG. 

able  manner.  He  opposed  the  passage  of  the  resolu 
tions  declaring  that  the  charter  of  the  United  States 
Bank  ought  not  to  be  renewed,  and  voted  against  the 
bill  increasing  the  salaries  of  the  judicial  officers  of  the 
state.  The  Chenango  Canal  bill,  which  passed  the 
Senate  at  this  session,  but  was  lost  in  the  Assembly, 
received  his  support  and  his  vote. 

He  was  not  again  a  candidate  for  the  popular  suf 
frage  till  the  memorable  contest  of  1840 ;  having,  in 
the  meantime,  been  actively  and  honorably  engaged 
in  the  successful  practice  of  his  profession.  In  1840, 
he  was  the  whig  candidate  for  member  of  Congress 
from  the  thirtieth  district,  embracing  the  counties  of 
Livingston  and  Allegany,  and  succeeded  over  his 
democratic  opponent  by  about  two  thousand  majority  ; 
a  result  which  may  be  attributed,  in  a  good  degree,  to 
his  own  personal  exertions  in  supporting  and  defending 
the  principles  and  the  candidates  of  his  party,  in  Liv 
ingston  county.  Its  firm  adhesion  to  the  whig  cause 
has  in  times  past  been  proverbial,  and  its  fidelity  in 
this  respect  is  both  an  imitation  of  his  own  character, 
and  one  of  the  results  of  his  efforts. 

In  May,  1841,  he  took  his  seat  as  a  member  of  the 
27th  Congress.  While  in  the  House  of  Representa 
tives,  he  did  not  distinguish  himself  so  much  by  the 
number  or  ability  of  his  speeches,  as  by  his  labors  in 
the  committee  room,  and  his  sagacious  advice  in  regard 
to  the  movements  and  policy  of  his  party.  The  bank 
bills  vetoed  by  President  Tyler,  the  distribution  of  the 


RE-ELECTED    TO    THE    LEGISLATURE.  799 

proceeds  of  the  public  lands,  and  the  tariff  law  of  1842, 
received  his  warm  support  and  approbation  ;  and  when 
all,  or  nearly  all,  the  great  measures  of  the  whig  party 
were  defeated,  by  the  impracticability  of  Mr.  Tyler,  he 
most  cheerfully  affixed  his  signature  to  the  able  mani 
festo,  in  which  the  whig  members  of  the  27th  Congress 
justified  the  measures  they  had  advocated,  and  the 
course  they  had  pursued. 

At  the  close  of  this  Congress,  Mr.  Young  once  more 
returned  to  private  life,  and  to  the  cares  and  duties  of 
his  profession ;  but  in  1844  he  was  again  summoned 
from  his  retirement,  and  in  deference  to  the  repeatedly- 
expressed  wishes  of  his  political  friends  in  Living 
ston  county,  consented  to  accept  the  whig  nomination 
for  member  of  Assembly.  He  was,  of  course,  elected ; 
and  no  one  occupied  a  higher  or  more  flattering  po 
sition  in  the  Legislature  of  1845,  than  himself. 

He  had  early  avowed  himself  in  favor  of  the  propo 
sition  to  call  a  convention  to  revise  the  constitution. 
Many  leading  members  of  the  whig  party  exhibited  a 
great'  degree  of  reluctance  in  advocating  this  measure  ; 
but  by  means  of  his  arguments  and  persuasions,  all  his 
political  friends  in  the  Legislature,  with  one  or  two 
exceptions,  were  ultimately  brought  to  adopt  his  views. 
The  whigs  held  the  balance  of  power  in  the  Legisla 
ture,  and,  under  his  lead  and  direction,  no  means  were 
left  untried  or  unemployed,  that  promised  to  widen  the 
breach  between  the  two  factions.  His  tact  and  man 
agement  were  admirable.  The  whigs  voted  against 


800  JOHN    YOUNG. 

the  proposed  amendments  of  the  constitution,  which 
the  radicals  had  so  long  advocated,  and  thus  compelled 
the  latter  to  insist  upon  a  convention.  When  the  con 
servatives  proposed  to  go  for  the  convention  bill,  pro 
vided  that  all  amendments  made  by  the  convention 
should  be  submitted  separately  to  the  people,  the  whigs 
opposed  this  proposition,  and,  with  the  aid  of  the  radi 
cals,  defeated  it. 

Mr.  Young  made  a  number  of  able  speeches  during 
the  progress  of  the  convention  bill  through  the  House, 
mainly  in  reply  to  Horatio  Seymour,  the  speaker  of 
the  Assembly,  and  the  leader  of  the  conservatives,  or 
hunkers,  in  that  body.  From  his  two  principal  speeches 
on  this  question,  the  following  extracts  are  taken,  as 
affording  the  best  specimens  of  the  character  of  his 
parliamentary  eloquence : 

"  The  gentleman  [Mr.  Seymour]  said  he  was  in  favor  of  retaining 
this  instrument  in  its  present  form,  because  it  had  sustained  for  sixteen 
years,  with  the  exception  of  two  administrations,  the  party  to  which  he 
belongs.  I  am  not  in  favor  of  any  constitution  because  it  tends  to 
sustain  any  particular  party  organization,  and  which  looks  to  party  for 
protection ;  and  I  cannot  believe,  that  he  is  in  its  favor  for  such 
reason.  Will  he  say  again,  that  because  the  '  democratic'  party,  as  he 
calls  it,  though  I  do  not  acknowledge  it  to  be  such,  has  sustained  itself 
for  sixteen  years,  that  is  the  reason  why  he  would  not  alter  the  con 
stitution  ?  Has  it  come  to  this  ? — that  a  statesman,  learned,  intelligent, 
distinguished,  familiar  with  questions  of  constitutional  law,  in  open  day, 
not  only  acts  from  such  motives,  but  tears  off  the  mask  and  tells  the 
world,  that  we  are  to  make  a  constitution  in  reference  to  party  advan 
tages  ?  He  surely  cannot  mean  this.  Let  him  ask  the  hardworking 
and  intelligent  mechanic,  what  ia  the  purpose  of  a  constitution  ;  will 


SPEECH    ON    THE    CONVENTION    BILL.  801 

he  reply  that  such  is  its  object?  Ask  the  farmer — the  bone  and 
sinew  of  the  country — as  in  the  soft  twilight  of  summer  he  sees  the 
lambs  skipping  on  the  green  lawn,  if  it  is  for  party  purposes  that  he 
wants  a  constitution  ?  Or  in  the  autumn,  when  his  granaries  are  full, 
and  he  offers  thanksgivings ; — and  what  will  be  his  answer  ?  *  *  * 

"  And  yet,  in  the  bosomf  of  that  gentleman  there  breathes  the  most 
generous  emotions.  Those  hands  have  been  stretched  out  for  the  re 
lief  of  human  suffering.  It  is  not  the  man's,  it  is  the  party  madness  of 
the  day, — a  madness  that,  forgetting  the  future,  looks  not  beyond  the 
day.  But  to  those  men  who  look  to  their  posterity ,  and,  as  they  see 
the  stream  grow  wider  and  deeper  as  it  flows  on  to  the  great  ocean  of 
the  future,  feel  that  their  blood  there  flows, — I  send  him  there  to  ask, 
if  they  would  frame  a  constitution  to  favor  party  ?  They  will  respond, 
we  would  frame  constitutions  for  ourselves  and  for  our  children.  *  * 

"  When  was  it  that  we  first  sought  to  agitate  this  question  ?  We 
had  just  passed  through  a  political  campaign,  in  which  we  had  been 
overthrown.  That  was  not  our  fault,  but  our  misfortune.  We  felt  the 
weight  which  had  fallen  upon  us  by  the  great  victory  which  you  had 
attained  over  us.  But  we  then  thought — how  justly,  others  must 
judge, — that  overthrown  as  we  were,  we  might  still  speak,  think,  and 
utter  our  thoughts,  too,  if  there  was  nothing  in  them  which  the  laws 
of  the  country  and  of  propriety  forbade.  How  did  we  find  you  ? 
There  was  another  circumstance  known  to  us, — for  this  was  not  the 
first  time  we  knew  you.  We  knew  of  the  contest  at  Syracuse,  where 
you  were  divided.  When  we  came  here,  you  met  us  with  the  proud 
claim  that  you  were  again  allied.  We  saw  you — I  now  address  that 
branch  of  the  party  supposed  to  be  in  favor  of  a  convention — marching 
up  to  Syracuse  in  your  strength,  and  overthrowing  those  allies  that 
now  come  here  and  tell  us  not  to  agitate  this  question.  We  had  seen 
more.  The  branch  of  the  party  to  which  I  believe  you,  sir,  (addressing 
the  chairman,  Mr.  Bevens,  a  hunker,)  are  attached,  was  overthrown  by 
that  to  which  the  gentleman  from  Westchester  was  attached,  if  rumor 
and  his  early  acts  at  this  session  can  be  relied  on.  This  was  your  con 
dition  at  Syracuse,  but  we  could  not  tell  what  results  would  flow  from 
your  action.  We  saw  you  grapple  with  a  foe  fully  your  equal,  and 

34* 


51 


802  JOHN    YOUNG. 

though  you  overthrew  your  antagonists  for  the  day,  and  Vly  Summit 
was  clothed  in  mourning  ;  yet  if  you  had  paid  much  attention  to  the 
attendant  circumstances,  you  would  have  found  that  '  pomp  was  the 
funeral,  the  black  the  woe,'  The  funeral  knell,  if  it  was  sounded, 
scarcely  reached  the  first  farmhouse.  And  while  you  were  on  that 
night  engaged  in  the  revel — nay,  for  aught  I  know,  when  you  had 
brought  out  the  golden  vessels,  an  ordinary  perception  might  have 
seen  not  only  the  handwriting  upon  the  wall,  but  the  whole  person, 
proclaiming  what  subsequent  events  proved  to  be  too  true,  that  on 
that  night  should  Belshazzar  the  king  be  slain.  If  you  had  then 
looked  into  the  camp  of  your  adversaries,  you  would  have  heard  the 
noise  of  mirth  drowning  the  funeral  dirge.  They  looked  forward  to  an 
event,  which  you  see  clearly  now,  when  he,  whom  you  called  the  Cato 
of  America,  should  be  one  of  them.  They  appreciated  the  man  better 
than  you,  and  they  felt  that  while  they  had  lost  nothing,  you  had  in 
deed  lost  your  general  This  was  your  condition.  *  *  * 

"  There  is  another  remark  in  that  speech  (alluding  to  a  speech  de 
livered  by  Mr.  Seymour)  to  which  I  listened  with  mingled  pain  and 
pleasure.  He  asserted  that  the  party  with  whom  he  acts,  would  be 
unanimous  on  this  question  of  a  convention.  He  was  then  in  the  hey 
day  of  power,  and  I  thought, — and  I  beg  pardon  of  my  barnburning 
friends  for  entertaining  the  suspicion, — that  he  would  be  able  to  make 
the  party  unanimous. 

K  I  thought  I  saw  givings  away  in  some  quarters.  I  regarded  your 
forces  as  scattered  in  the  early  part  of  the  session,  and  I  feared  there 
would  be  nothing  left.  I  knew  that  the  Oneida  chief  whom  you  had 
defeated,  was  not  annihilated,  but  was  still  hanging  around  your  out 
posts,  and  once  your  vote  in  this  house  appeared  to  indicate  that  the 
real  friends  of  a  convention  were  few  indeed.  But  the  gentleman 
evinced  too  clearly  in  his  speech  on  Saturday,  that  after  all  his  disci 
pline  and  machinery,  he  had  been  compelled  to  surrender,  and  we  heard 
him  asking  for  quarter.  It  was  painful  to  witness  a  spirit  so  proud 
thus  crushed.  Then  I  thought  I  could  look  into  another  place,  and  as 
he  paced  his  own  chamber  with  nervous  tread,  I  could  catch  some 
broken  fragments  of  his  expressions  in  retirement, — for  thoughts  will 


SPEECH    ON    THE    CONVENTION    BILL.  •  803 

sometimes  come  unbidden  to  the  lips.  Long  he  struggled  against  his 
fate  before  he  was  brought  to  submit  to  the  state  of  things  surrounding 
him.  The  great  captain  was  defeated,  and  I  thought  I  would  hear 
many  of  the  expressions  of  his  wounded  spirit.  I  thought  I  heard  him 
say, '  I  have  done  much,  have  worked  long,  and  have  labored  hard  for  my 
party' — and  I  could  hear  no  more.  Then  I  thought  I  heard  another 
fragment  from  his  lips,  and  it  was  in  the  words  of  the  great  poet — 

'  If  I  had  served  my  God  with  half  the  zeal 
Tve  served  my  king' — 

and  there  that  sentence  ended  I  thought  I  heard  other  things,  and  as 
he  repeated  the  word  '  Saratoga,'  a  pang  shot  across  his  face,  and  I 
heard  him  say — 

'  Stab'dst  me  in  my  prime  of  youth 
At  Tewksbury.' 

"  He  was  not  speaking  of  the  battle  of  Saratoga,  but  of  a  certain 
convention  in  the  fifth  senate  district,  and  then  his  feelings  of  nervous 
excitement  seemed  still  stronger.  This  was  not  all  I  heard.  In  his 
imagination,  he  saw  not  merely  a  handwriting  upon  the  wall,  but  the 
full  length  of  a  living,  breathing  man.  His  gray  hair  hung  in  curls 
upon  his  shoulders.  I  heard  nothing  then,  for  he  said  nothing.  The 
countenance  of  that  old  man  was  familiar  to  that  gentleman,  and  it  was 
the  last  face  he  wished  to  see  at  such  an  hour.  I  listened,  for  I  thought 
in  that  great  struggle  I  might  hear  him  pronounce  the  Roman  name  of 
Cato,  But  prostrate  and  fallen  as  he  seemed  to  regard  himself,  even 
then  he  had  no  fear  of  Cato.  The  scene  passed  by,  and  let  us  return 
from  that  chamber  to  this  halL  The  advice  which  he  gave  for  my 
benefit,  looked  only  to  political  life  for  reward.  I  thanked  him  for 
his  good  wishes,  but  my  road  lies  another  way.  I  have  a  single  word 
to  say  to  him.  There  is  much  of  him  to  cultivate  for  good.  He  has 
shown  himself  the  possessor  of  high  and  brilliant  talents,  and  if  he 
would  forget  party,  and  turn  aside  his  passion  for  place  and  power,  and 
the  narrow  path  of  party  discipline  and  tactics—tear  away  the  drapery 


804  JOHN    YOUNG. 

he  has  thrown  around  himself,  and  stand  out  his  own  living  self, 
breathing  out  the  purposes  of  hia  generous  heart,  I  hope  I  shall  li  ve 
to  see  that  gentleman  occupying  the  highest  station  that  his  ambition 
may  desire." 


Mr.  Young  was  the  Ajax  of  his  party  during  the 
debate  on  the  convention  bill.  He  led  and  marshalled 
them  ;  and  under  his  auspices,  though  in  a  minority, 
they  controlled  the  action  of  the  Legislature.  He  op 
posed  with  all  his  ability  the  attempt  to  ingraft  the 
separate  submission  feature  upon  the  convention  bill. 
He  saw  the  whig  party  of  the  state  and  nation  prostra 
ted  and  disheartened,  in  consequence  of  the  defection 
of  Mr.  Tyler,  and  he  was  ambitious  to  aid  in  restoring 
its  ascendency.  This  object  he  did  not  conceal  nor 
deny.  Important  amendments  to  the  constitution, 
which,  if  adopted,  would  change  its  whole  frame-  work 
and  character,  were  urged  with  more  or  less  earnest 
ness  by  the  different  parties  and  factions.  It  was  very 
evident  that  a  large  majority  of  the  people  of  the  state 
desired  to  have  some  or  all  of  these  amendments  made, 
and  the  history  of  the  convention  of  1821  pointed  out 
distinctly  and  clearly  the  fate  that  would  await  those 
politicians  who  opposed  popular  reforms.  It  was  his 
wish,  therefore,  as  he  has  himself  said,*  "  to  popularize 
and  republicanize"  the  whig  party,  and  thus  add  to 
their  strength  ;  and  in  no  way  could  this  be  so  effectu 
ally  done,  as  by  insisting  on  a  convention  with  unlim 
ited  powers,  in  which  his  whig  friends  might  have  the 

*  Speech  at  the  Banquet  in  New  York,  January  18,  1850. 


RE-ELECTION.  805 

opportunity  to  advocate  the  great  measures  of  reform 
demanded  by  the  people. 

The  Convention  bill  finally  passed  the  Assembly,  on 
the  22d  of  April,  1845,  Mr.  Young,  and  the  other  whig 
members,  with  two  exceptions,  voting  in  its  favor.  It 
was  ultimately  concurred  in  by  the  Senate,  and  re 
ceived  the  approbation  of  Governor  Wright. 

At  this  session,  also,  Mr.  Young  supported  the  canal 
bill  which  passed  the  Legislature  and  was  vetoed  by 
the  governor.  Indeed,  his  views  and  opinions  upon 
the  internal  improvement  policy  of  New  York,  have 
ever  harmonized  with  those  of  his  party ;  and  he  has 
always  favored  the  prosecution  of  such  enterprises,  and 
the  construction  of  such  works,  as  were  required  to 
develop  the  resources  of  the  state.  He  did  not  demand, 
as  a  condition  of  his  support,  that  each  work  should  be 
certain  to  be  immediately  profitable,  but  if  it  promised 
to  advance  the  general  prosperity,  and  if,  in  the  end, 
the  pecuniary  ability  of  the  state  was  not  impaired,  he 
was  content.  He  regarded  the  public  works  together, 
as  a  great  system ;  and  if,  in  the  aggregate,  they  were 
found  beneficial  and  profitable,  that,  to  his  mind,  was 
sufficient. 

He  was  again  returned  to  the  Assembly,  by  the 
whigs  of  Livingston  county,  in  the  fall  of  1845,  and 
was  supported  as  the  candidate  of  his  party  for  the 
speakership  ;  but  as  the  democrats  were  in  the  majori 
ty,  they  elected  one  of  their  own  number.  The  ses 
sion  of  1846  was  not  an  important  one,  only  so  far  as 


806  JOHN    YOUNG. 

it  served  to  keep  alive  the  divisions  in  the  democratic 
party.  The  radicals,  as  represented  in  the  Legislature, 
had  a  majority  over  the  conservatives,  and  they  nomi 
nated  William  Cassidy,  one  of  the  editors  of  the  Albany 
Atlas,  as  the  candidate  for  State  Printer,  instead  of 
Edwin  Croswell.  The  conservative  friends  of  the 
latter  now  proposed  to  abolish  the  office,  and  to  give 
the  public  printing  to  the  lowest  bidder.  This  propo 
sition  was  approved  by  Mr.  Young  and  his  whig 
friends,  and  they  supported  it  with  their  votes,  by  which 
the  office  was  abolished,  and  additional  bitterness  was 
imparted  to  the  hostile  feelings  of  the  hunkers  and 
barnburners. 

In  1844,  Mr.  Young  had  approved  of  the  position 
assumed  by  his  party  at  the  north,  with  reference  to 
the  annexation  of  Texas,  and  he  was  ever  decided  in 
his  opposition  to  that  measure.  He  anticipated  a  war 
with  Mexico ;  but  when  it  occurred,  he  was  disposed 
to  waive  his  individual  feelings  and  opinions  in  regard 
to  the  causes  which  had  produced  it,  and  to  stand  firmly 
and  faithfully  by  his  country  in  its  prosecution.  The 
New  York  Legislature  was  upon  the  point  of  adjourn 
ing,  sine  die,  in  the  spring  of  1846,  when  the  intelli 
gence  reached  Albany,  that  the  armed  forces  of  Mexico 
and  the  United  States  had  come  in  collision  on  the 
banks  of  the  Rio  Grande.  A  resolution  was  immedi 
ately  introduced  in  the  Assembly,  by  a  democratic 
member,  authorizing  the  governor  to  enrol  fifty  thousand 
volunteers,  to  defend  the  state,  or  to  proceed  to  the 


REMARKS    ON    THE    WAR.  807 

seat  of  war,  as  the  honor  and  dignity  of  the  country 
required,  and  appropriating  a  sum  of  money  to  defray 
all  necessary  expenses.  An  effort  was  made  to  lay  the 
resolution  on  the  table,  but  there  were  pnly  twelve 
votes  in  favor  of  the  motion. 

Nearly  all  the  whig  members,  including  Mr.  Young, 
voted  against  laying  the  resolution  on  the  table,  and 
supported  it  on  its  final  passage.  Previous  to  its 
adoption,  he  made  a  few  remarks  explanatory  of  his 
position.  "  I  will  go  for  the  resolution,"  said  he,  "  as  it 
is.  I  would  have  the  opportunity  taken  to  evince  the 
opinion  of  the  Legislature  of  New  York.  It  is  known 
that  I  was  among  those  who  opposed  the  annexation 
of  Texas ;  but  that  is  now  a  foregone  act.  Texas  is 
now  bone  of  our  bone,  flesh  of  our  flesh  ;  and  he  who 
invades  any  portion  of  her  soil,  invades  our  territory — 
invades  a  part  of  the  United  States.  I  will  advocate 
the  voting  of  funds — the  levying  of  troops  to  protect 
her  rights,  and  to  secure  her  territory  from  invasion. 
No  man  can  doubt, — it  is  now  past  doubt,  that  we  are 
in  a  state  of  war.  The  country  is  invaded, — the  rights 
of  our  country,  of  our  citizens,  have  been  trampled 
upon, — and  I  will  sustain  the  country,  '  right  or 
wrong.'  " 

These  remarks  were  undoubtedly  made  on  the  spur 
of  the  moment,  and  without  premeditation.  But  Mr. 
Young  never  had  reason  to  regret  them.  The  closing 
sentiment  has  often  occasioned  remark,  and  not  unfre- 
quently  censure.  Construed,  however,  in  the  spirit  in 


808  JOHN    YOUNG. 

which  it  was  uttered — as  indicating  the  duty  of  the 
good  citizen  to  waive  his  individual  opinions  when 
called  upon  by  the  action  of  his  government  to  support 
it  against  a  foreign  power — it  is  so  near  akin  to  patri 
otism,  that  it  must  find  a  response  in  the  breast  of 
every  one  who  loves  his  country. 

Mr.  Young  voted  for  the  law  abolishing  distress  for 
rent,  at  the  session  of  1846;  and  generally  by  his 
votes  and  speeches,  indicated  his  strong  disapprobation 
of  the  tenures  by  which  the  manorial  lands  were  held 
by  the  tenants,  and  his  readiness  to  afford  them  every 
aid  and  protection  consistent  with  the  provisions  of 
the  constitution.  He  also  expressed  himself  in  favor 
of  amending  that  instrument,  so  as  to  protect  them 
still  further,  and  approved  of  the  changes  made  by  the 
convention  of  1846. 

He  was  not  a  member  of  the  constitutional  con 
vention,  but  the  new  constitution,  in  all  its  essential 
features,  except  the  financial  article,  received  his  hearty 
approbation  and  support. 

The  distinguished  ability  which  he  had  evinced,  at 
the  legislative  sessions  of  1845  and  1846,  brought  him 
prominently  before  the  people  of  the  state,  and  gave 
him  an  elevated  position  in  his  own  party.  It  was 
well  understood,  that  Mr.  Fillmore  did  not  desire  to  be 
again  a  candidate  for  governor,  and  the  name  of  Mr. 
Young  was  often  mentioned  in  connection  with  that 
office,  long  before  the  assembling  of  the  whig  state 
convention.  That  body  met  at  Utica  on  the  23d 


ELECTED    GOVERNOR    OF    NEW    YORK.  809 

of  September,  1846.  As  in  the  democratic  party, 
there  were  two  factions  among  the  whigs.  The  one, 
headed  by  Millard  Fillmore,  Luther  Bradish,  and  John 
A.  Collier,  may  be  called  conservative  whigs  ;  and  the 
other,  or  the  radical  whigs,  was  led  by  Ex-Governor 
Seward,  Thurlow  Weed  and  others.  The  latter  were 
more  friendly  to  abolitionism,  and  the  anti-renters, 
than  the  former,  and,  of  course,  were  influenced  in 
their  political  action  by  a  strong  desire  to  advance  the 
fortunes  of  their  leader,  Mr.  Seward.  The  conserva 
tives,  on  the  other  hand,  were  not  partial  to  Mr.  Sew 
ard. 

Upon  the  anti-rent  question,  Mr.  Young  sympathized 
with  the  radical  whigs,  though  Mr.  Seward  was  not  an 
especial  favorite  with  him.  In  the  state  convention, 
however,  he1  was  supported  by  the  radicals,  and  warmly 
opposed  by  the  conservative  whigs,  who  insisted  on 
supporting  Mr.  Fillmore  in  opposition  to  his  wishes. 
The  whig  anti-renters  finally  decided  the  question  of 
the  gubernatorial  nomination,  by  surrendering  their 
own  candidate,  Ira  Harris,  and  voting  for  Mr.  Young. 
The  latter  was  nominated  for  governor  on  the  third 
ballot,  by  a  vote  of  seventy-six  to  forty-five  for  Mr. 
Fillmore.  Hamilton  Fish,  of  New  York,  a  prominent 
conservative  whig,  was  then  put  in  nomination  for 
lieutenant-governor,  at  the  instance  of  Mr.  Young's 
friends,  in  order  to  conciliate  the  faction  to  which  he 
belonged. 

Silas  Wright  and  Addison  Gardiner,  the  incumbents 


810  JOHN    YOUNG. 

of  the  two  principal  offices  in  the  state,  were  supported 
for  reelection  by  their  democratic  friends.  The  anti- 
renters  also  held  a  convention,  at  which  Mr.  Young 
and  Mr.  Gardiner  were  nominated  as  their  candidates. 
The  Native  Americans,  a  party  opposed  to  the  election 
of  citizens  of  foreign  birth  to  office,  and  in  favor  of 
amending  the  naturalization  laws  so  as  to  require  a 
longer  residence  in  the  country  on  the  part  of  an  alien, 
and  which  had  for  the  first  time  taken  part  in  the 
elections  in  1843,  also  presented  candidates  for  gov 
ernor  and  lieutenant-governor  ;  and  the  abolitionists, 
too,  entered  the  field  with  their  ticket. 

But  the  votes  of  the  anti-renters,  and  the  disaffec 
tion  in  the  democratic  ranks,  decided  the  result  of  the 
election.  Mr.  Young  was  chosen  governor  over  Mr. 
Wright,  by  upward  of  eleven  thousand  majority,  and 
Mr.  Gardiner,  the  democratic  candidate  for  lieutenant- 
governor,  succeeded  over  Mr.  Fish. 

Governor  Young's  first  annual  message,  delivered  at 
the  opening  of  the  annual  session  of  the  Legislature, 
in  January,  1847,  was  clearly  and  concisely  written. 
He  presented  a  gratifying  picture  of  the  financial  con 
dition  of  the  state,  but  urged  the  importance  to  the 
public  interests,  in  his  estimation,  of  an  early  comple 
tion  of  the  public  works.  To  this  end  he  suggested, 
that  if  the  provisions  of  the  new  constitution  were  too 
stringent,  they  might  be  amended  and  modified.  The 
war  with  Mexico  was  then  a  topic  widely  agitated, 
and  he  availed  himself  of  this  occasion  to  repeat  the 


MESSAGES.  811 

views  he  had  before  advanced  in  the  Legislature  of 
1846.  He  reminded  the  members  of  the  Legislature, 
that  it  had  imposed  "  new  and  delicately  interesting 
duties"  upon  them.  "  It  may,"  said  he,  "  and  probably 
will,  in  its  progress,  claim  further  sacrifices  from  this 
state,  and  I  will  rely  with  the  utmost  confidence  upon 
your  readiness,  as  the  representatives  of  a  gallant  and 
patriotic  people,  to  discharge  with  alacrity  any  duty 
that  may  be  cast  upon  you.  The  country,  always  in 
disposed  to  war,  would  receive  with  joy,  intelligence 
of  an  honorable  peace.  But  to  render  peace  honor 
able,  I  think  she  would  demand,  and  has  a  right  to  re 
quire,  that  it  shall  be  accompanied  with  such  indemnity 
as  upon  the  page  of  history  will  be  evidence  of  an 
acknowledgment  by  Mexico  of  the  superiority  of  our 
arms.  But  of  the  character  and  extent  of  such  indem 
nity,  I  may  not  speak  in  this  communication.  With 
return  of  peace  will  come  a  season  for  calm  delibera 
tion  and  searching  inquiry.  The  causes,  the  conduct 
and  result  of  the  war,  may  be  then  properly  and  use 
fully  investigated.  But  until  our  enemy  shall  have 
been  subdued,  discussions  involving  collisions  of  opin 
ion  at  home,  cannot  fail,  by  exciting  false  expectations 
in  Mexico,  to  embarrass  negotiations  for  peace.  I 
confidently  trust,  therefore,  that  such  discussions  will 
not  be  allowed  to  distract  your  deliberations.  So  long 
as  there  is  an  enemy  in  the  field,  I  feel  assured  that 
we  shall  look  only  to  the  honor  of  our  flag." 

In  his  second  annual  message,  he  repeated  the  same 


812  JOHN    YOUNG. 

general  sentiments,  both  in  regard  to  the  war,  and  the 
canal  and  financial  policy  of  the  state.  During  his 
whole  term,  the  Legislature  was  mainly  occupied  in 
the  passage  of  laws,  rendered  necessary  in  order  to 
carry  out  the  provisions  of  the  new  constitution.  In 
accordance  with  the  opinions  he  had  expressed,  reso 
lutions  were  adopted  at  the  session  of  1847,  declaring 
it  to  be  the  imperative  duty  of  every  good  citizen,  to 
sustain  the  government  in  the  prosecution  of  the  war, 
and  that  no  peace  would  be  honorable  that  did  not 
secure  full  indemnity  for  the  aggressions  of  Mexico. 
About  this  time,  the  question  of  the  extension  of 
slavery  to  the  territory,  which,  it  was  anticipated, 
would  be  acquired  from  Mexico,  began  to  be  agitated  ; 
and  resolutions  were  adopted,  in  the  New  York  Legis 
lature,  in  1847  and  1848,  which  accorded  with  the 
views  of  the  governor,  instructing  the  senators  and 
representatives  from  this  state  in  Congress,  to  vote  for 
the  prohibition  of  slavery  in  such  territory,  by  the  law 
providing  for  the  acquisition. 

The  administration  of  Governor  Young  was,  in  the 
main,  successful.  His  position  was  favorable  :  foras 
much  as  the  constitution  had  deprived  the  executive 
of  nearly  all  the  official  patronage  formerly  attached 
to  the  office,  it  was  scarcely  possible  for  him  to  make 
many  enemies  by  his  appointments.  He  aimed  to 
pursue  an  entirely  independent  course  in  .respect  to 
the  distribution  of  the  few  offices  placed  at  his  dispo 
sal  ;  and  it  is  said,  by  his  friends,  that  when  the  editor 


HIS    POSITION.  813 

of  a  leading  journal  belonging  to  the  Seward,  or  radi 
cal  faction,  once  attempted  to  influence  him  in  an  im 
portant  appointment,  his  cutting  rebuke — "Mr. , 

I  am  governor  !"  put  an  end  to  all  attempts  to  inter 
fere  with  him  in  the  performance  of  his  duties. 

Soon  after  he  entered  upon  the  office  of  governor, 
he  pardoned  the  leading  anti-renters,  who  had  been 
tried  .and  convicted  during  the  administration  of 
Governor  Wright,  justifying  his  action  upon  the  ground 
that  their  offences  were  political.  His  course  in  this 
respect  did  not  meet  the  approbation  of  the  conserva 
tive  whigs,  though  it  was  sufficiently  evident,  long  be 
fore  the  close  of  his  administration,  that  he  heartily 
sympathized  with  them  upon  other  questions.  His 
views  in  regard  to  the  war  with  Mexico,  and  his  re 
fusal  to  make  his  appointments  in  accordance  with 
the  wishes  of  the  friends  of  Mr.  Seward,  were  not  at 
all  satisfactory  to  them,  though  no  open  rupture  took 
place.  He  did  not  desire  a  renomination ;  conse 
quently,  the  harmony  of  the  party  was  not  disturbed 
by  any  considerations  merely  personal  to  himself. 

He  advocated  the  nomination  and  election  of  Gene 
ral  Taylor  in  1848,  not  because  he  did  not  heartily  and 
sincerely  concur  in  the  political  opinions  of  Henry 
Clay,  nor  entertain  the  highest  admiration  for  his 
character  and  talents ;  but  he  believed  the  former  to 
be  the  most  available  candidate.  So  well  known 
were  his  preferences  for  Mr.  Clay,  that  after  the  elec 
tion  of  General  Taylor,  the  friends  of  Mr.  Seward  op- 


814  JOHN    YOUNG. 

posed  his  appointment  to  any  important  office  under 
the  new  whig  administration.  His  shrewdness  and 
sagacity,  however,  proved  too  strong  for  their  influ 
ence,  and  he  was  appointed  Assistant  Treasurer  in  the 
city  of  New  York,  in  the  place  of  ex-Governor  Bouck, 
who  was  removed  from  the  office,  and  entered  upon  its 
duties  in  July,  1849. 

Since  then,  he  has  not  interfered  actively  in  the 
political  contests  of  the  state,  though  at  no  time  con 
cealing  his  opinions  on  any  subject  when  it  seemed  to 
him  to  be  proper  to  express  them.  Though  he  ap 
proved  of  the  principle  of  the  Wilmot  Proviso,  he  was 
well  satisfied  with  the  compromise  measures  adopted, 
through  the  instrumentality  and  efforts  of  Mr.  Clay,  at 
the  session  of  Congress  in  1849-50,  and  rejoiced  to 
see  the  agitation  on  the  slavery  question  subside. 
While  he  lamented  the  untimely  death  of  General  Tay 
lor,  he  was  glad  to  see  the  presidential  office  filled  by 
his  friend,  Mr.  Fillmore.  Cordially  approving  of  his 
course  and  measures,  he  is  recognized  as  a  national 
whig,  and  is  admitted  to  hold  a  high  position  in  that 
faction.  He  has  been  recently  complimented  with  a 
public  banquet  by  his  political  friends  in  the  city  of 
New  York,  at  which  he  delivered  an  able  speech  re 
viewing  his  own  political  course,  expressing  his  satis 
faction  at  the  secession  of  the  national  or  conservative 
whigs  from  the  state  convention  of  their  party  in  1850, 
and  declaring  it  to  be  his  intention  and  determination 


MARRIAGE.  815 

to  follow  the  distinguished  leader  of  the  whig  party  in 
the  nation,  Henry  Clay. 

"  It  does  not  become  the  biographer/'  says  a  writer 
in  the  American  Encyclopedia,  "  to  pronounce  a  de 
cisive  judgment  until  the  career  of  his  subject  is 
closed  ;"  and  if  the  merits  of  Governor  Young  shall 
obtain  the  desert  to  which,  in  the  opinion  of  his 
friends,  they  are  entitled,  the  better  part  of  his  politi 
cal  career  is  yet  before  him.  Hence,  it  may  not  now 
be  appropriate,  to  present  a  detailed  review  of  his 
course  and  character.  A  shrewd  political  tactician, 
ambitious  and  enterprising,  determined  and  unyielding, 
frank  and  affable  in  his  manners,  and  with  his  high 
talents  possessing  a  simplicity  of  character  calculated 
to  win  respect  and  esteem,  and  to  add  to  his  considera 
tion  and  popularity,  who  can  say  what  other  honors 
the  future  may  have  in  store  ? 

He  was  married,  in  1833,  to  Ellen  Harris,  a  daugh 
ter  of  Campbell  Harris,  of  Yorke,  Livingston  county. 
They  are  the  parents  of  four  children,  who  are  now 
living. 


HAMILTON   FISH. 

THIS  gentleman  is  a  native  of  the  city  of  New  York, 
where  he  was  born  in  the  year  1809.  His  family  be 
longs  to  the  old  school,  and  has  ever  been  held  in  high 
consideration,  for  its  standing,  wealth,  and  respecta 
bility, — qualities  which,  in  their  descendant,  have 
served  to  place  him  in  an  enviable  position,  and  to 
secure  him  a  large  share  of  popular  favor. 

He  was  educated  at  Columbia  College,  where  he 
maintained  an  excellent  character  for  scholarship,  and 
for  punctuality  in  his  attendance  upon  all  the  collegiate 
exercises.  Having  graduated,  he  commenced  the  study 
of  the  law  in  his  native  city,  which  he  pursued  with 
diligence  and  attention;  and  at  the  May  term,  in 
1830,  he  was  examined  and  admitted  as  an  attorney 
of  the  Supreme  Court  of  the  State.  Three  years 
later,  he  was  regularly  enrolled  among  the  counsellors 
of  that  court. 

Though  his  natural  abilities,  improved  as  they  had 
been  by  the  educational  advantages  he  had  enjoyed, 
eminently  fitted  him  for  the  career  on  which  he  had 
entered,  the  cares  and  responsibilities  of  a  large  prop 
erty  that  devolved  upon  him  soon  after  he  commenced 


Fourteenth  Govern  ftref New forli 


MEMBER    OF    CONGRESS.  817 

practice,  prevented  him  from  devoting  that  time  and 
attention  to  the  legitimate  pursuits  of  his  profession, 
which  are  necessary  to  obtain  its  highest  honors. 
While  he  continued  at  the  bar,  however,  his  business 
was  both  considerable  and  lucrative,  and  he  was  de 
servedly  respected  and  esteemed,  for  his  talents  and 
his  integrity,  and  for  the  fidelity  and  promptitude  with 
which  he  managed  the  interests  committed  to  his 
charge. 

He  became  interested  in  politics  shortly  after  leav 
ing  college ;  though  he  has  never  been  a  partisan,  but 
has  always  had  the  reputation  of  being  a  candid,  inde 
pendent,  and  high-minded  politician,  He  was  for  sev 
eral  years  a  commissioner  of  deeds  in  and  for  the  city 
and  county  of  New  York,  and,  having  attached  him- 
self  to  the  whig  party,  was  presented  as  one  of  their 
candidates  for  the  Assembly,  from  that  city,  in  the  fall 
of  1837,  and  was  elected  by  a  respectable  majority. 

His  course  in  the  Legislature  afforded  entire  satis 
faction  to  his  party  friends.  He  cannot  be  said  to 
have  distinguished  himself  in  debate,  but  his  consist 
ency  as  a  politician,  his  decision  of  character,  and  his 
business  tact  and  ability,  gained  him  a  prominent  place 
among  the  whig  members  of  the  Assembly,  and  the 
favorable  regard  of  those  to  whom  he  was  particularly 
responsible  for  his  conduct. 

In  1842,  he  was  chosen  a  member  of  Congress  from 
the  sixth  district,  comprising  the  upper  wards  in  the 
city  of  New  York,  except  the  thirteenth  and  four- 

35 


818  HAMILTON    FISH. 

teenth,  over  John  M'Keon,  the  democratic  candidate, 
who  was  then  representing  the  district.  His  majority 
was  small,  but  his  election  was  considered  a  great  tri 
umph  by  his  friends,  as  the  majority  of  Governor 
Bouck  over  Mr.  Seward,  in  the  same  district,  was 
about  twelve  hundred.  This  result,  however,  must 
not  be  attributed  entirely  to  the  personal  popularity 
of  Mr.  Fish,  since  it  was  owing,  in  a  great  measure,  to 
the  Native  American  party,  whose  principles  and  ob 
jects  he  in  the  main  approved,  and  who  gave  him 
their  support  at  the  polls,  while  they  withheld  it  from 
the  whig  candidate  for  governor. 

The  same  character  for  ability  and  usefulness  which 
Mr.  Fish  enjoyed  in  the  Legislature,  he  maintained  as 
a  member  of  the  28th  Congress.  He  was  a  member 
of  the  military  committee,  and  discharged  all  and 
every  duty  of  his  position  with  commendable  punctu 
ality  and  correctness.  Though  not  preeminent  among 
the  many  distinguished  whig  politicians  then  in  Con 
gress,  his  standing  was  alike  creditable  to  him,  and  to 
the  constituency  whom  he  served. 

At  the  close  of  his  term  he  retired  to  private  life, 
without  any  lingering  feelings  of  regret  that  he  no 
longer  occupied  an  official  station.  But  his  numerous 
political  friends  in  the  city  of  New  York  were  by  no 
means  disposed  to  surrender  their  claims  upon  him. 
Without  any  solicitation  on  his  part,  he  was  nominated 
as  the  whig  candidate  for  lieutenant-governor,  at  the 
state  convention  in  1846,  on  the  same  ticket  with  John 


CHOSEN    LIEUTENANT-GOVERNOR.  819 

Young,  The  anti-renters  adopted  the  democratic 
candidate,  and  he  was  elected  over  Mr.  Fish  by  upward 
of  thirteen  thousand  majority. 

The  latter  was  a  candidate  for  the  same  office,  at 
the  November  election  in  1847,  to  fill  the  vacancy  oc 
casioned  by  the  resignation  of  Mr.  Gardiner.  The 
whig  ticket  succeeded  on  this  occasion,  by  a  very  large 
majority,  averaging  about  thirty  thousand,  in  conse 
quence  of  the  divisions  in  the  democratic  party.  Mr- 
Fish  presided  over  the  state  Senate,  at  the  legislative 
session  of  1848,  winning  "golden  opinions  from  all 
sorts  of  men,"  by  his  gentlemanly  courtesy  and  digni 
fied  urbanity. 

Mr.  Young  was  not  a  candidate  for  renomination  in 
1848,  and  Mr.  Fish,  as  the  lieutenant-governor,  occu 
pied  a  position  that  naturally  attracted  the  attention  of 
his  party  to  himself.  The  whigs  were  divided  into 
two  factions;  the  conservatives,  afterward  known  as 
national  whigs,  and  the  radical  whigs,  or  the  particular 
friends  of  Mr.  Seward.  The  sympathies  of  Mr.  Fish 
were  understood  to  be  with  the  former,  but  however 
decided  in  his  convictions,  he  was  moderate  in  the 
expression"  of  his  opinions,  and  by  his  conciliatory 
course  and  manners,  had  secured  the  good  wishes  of 
both  factions.  His  friends  in  the  city  of  New  York 
urged  his  nomination  for  governor  with  much  earnest 
ness,  and  such  was  his  general  popularity  among  the 
whigs  of  the  state,  that  it  was  conceded  to  him  with 
out  opposition. 


820  HAMILTON    FISH. 

The  whig  state  convention  was  held  on  the  14th  of 
September,  and  Mr.  Fish  was  nominated  for  governor, 
and  George  W.  Patterson  for  lieutenant-governor. 
The  democrats  had  now  divided  into  two  parties,  each 
presenting  its  particular  candidates,  and  the  success 
of  the  whig  ticket  was  a  matter  of  course.  The  vote 
given  for  Mr.  Fish  was  considerably  less  than  that 
given  for  both  the  democratic  candidates,  John  A.  Dix, 
and  Reuben  H.  Walworth,  but  his  plurality  over  either 
of  them  was  very  large. 

He  took  the  oath  as  governor,  on  the  1st  day  of 
January,  1849.  In  former  years,  the  position  he  occu 
pied  had  abounded  in  embarrassments,  occasioned  by 
the  numerous  applications  for  office,  all  which  could 
not  be  successful ;  and  in  choosing  from  among  them, 
it  was  difficult  for  the  most  honest  impartiality  always 
to  decide  aright,  and  impossible  not  to  incur  the  secret 
or  open  hostility  of  the  disappointed.  This  was  no 
longer  the  case.  The  office  of  governor,  under  the 
constitution  of  1846,  was  made  one  of  honor  rather 
than  of  patronage.  A  fruitful  source  of  discontent 
and  dissatisfaction  had  been  removed,  and  the  occu 
pant  of  the  gubernatorial  chair,  even  if  possessing  only 
moderate  tact  and  ability,  "while  he  might  not  add  to 
his  friends,  could  easily  avoid  increasing  the  number 
of  his  enemies." 

Governor  Fish,  therefore,  found  no  difficulty  in  pur 
suing  that  moderate  and  neutral  course  which  he  had 
marked  out  for  himself.  His  onlv  embarrassment  was 


VIEWS    ON    THE    SLAVERY    QUESTION.  821 

produced  by  the  repeated  solicitations  made  by  the 
radical,  or  conservative  factions,  in  his  party,  to  exert 
his  influence  in  favor  of  one  or  the  other ;  but  he  at  all 
times  firmly  and  steadily  refused  to  take  any  part  in 
the  contests  and  divisions  the  occurrence  of  which  he 
so  much  regretted.  Accordingly,  his  conduct  was 
generally  approved,  and  his  administration  passed 
away  quietly  and  harmoniously. 

His  messages  indicate  the  possession,  on  the  part  of 
their  author,  of  high  literary  abilities,  and  were  much 
commended  both  for  their  style,  and  for  the  modest 
tone  in  which  they  were  written.  In  regard  to  the 
finances  of  the  state,  he  contented  himself  with  plain 
and  succinct  statements  of  their  condition,  without 
giving  expression  to  his  individual  opinions. 

During  his  entire  administration,  the  slavery  question 
was  agitated  in  Congress  and  throughout  the  Union. 
He  was  early  •  committed,  as  was  the  whig  party  of 
New  York,  in  favor  of  the  principle  of  the  Wilmot 
Proviso.  In  both  his  messages,  he  alluded  to  this  sub 
ject,  on  each  occasion  expressing  his  decided  opposi 
tion  to  the  extension  of  the  slave  territory.  His  re 
marks  on  this  exciting  question  were  conservative  in 
their  tone,  though  indicating  the  firmness  of  his  con 
victions,  and  the  determination  with  which  they  would 
be  maintained.  The  annexed  extracts  from  his  mes 
sages  exhibit  his  views  on  this  question,  and  will  also 
show  his  style  as  a  writer. 


822 


HAMILTON    FISH. 


"  The '  compromises  of  the  constitution'  as  they  are  familiarly  termed, 
do  not  of  right  extend  to  territory  beyond  the  limits  of  the  original 
thirteen  states.  The  privileges  which  they  concede  may  be  granted, 
but  cannot  be  claimed  for  any  newly  acquired  territory.  *  *  * 

**  If  there  be  any  one  subject  upon  which  the  people  of  the  state  of 
New  York  approach  near  to  unanimity  of  sentiment,  it  is  in  their  fixed 
determination  to  resist  the  extension  of  slavery  over  territory  now  free. 
With  them  it  involves  a  great  moral  principle,  and  over-rides  all  ques 
tions  of  temporary  and  political  expediency.  None  venture  to  dissent ; 
and  in  the  mere  difference  of  degree  in  which  the  sentence  receives 
utterance,  it  has  proven  powerful,  even  to  the  breaking  down  of  the 
strong  barrier  of  party  organization.  *  *  *  * 

"  They  are  now  asked  to  become  parties  to  the  extension  of  slavery 
over  territory  already  free.  Their  answer  may  be  read  in  their  past 
history.  I  believe  that  it  is  almost,  if  not  entirely,  the  unanimous  de 
cision  of  the  people  of  this  state,  that  under  no  circumstances  will 
their  assent  be  given  to  any  action  whereby  the  institution  of  slavery 
shall  be  introduced  into  any  part  of  the  territory  of  the  United  States, 
from  which  it  is  now  excluded.  *  *  *  * 

"  It  ia  no  new  declaration  in  behalf  of  the  State  of  New  York,  that 
she  regards  slavery  as  a  moral,  a  social,  and  a  political  evil.  *  *  * 

"  Regarding  it  as  a  domestic  relation,  founded  upon  and  limited  to 
the  range  of  the  territorial  laws  of  the  state, — dependent  for  its  con 
tinuance  and  its  regulation  upon  the  legislation  of  the  several  states, — 
New  York  exercised  her  exclusive  power  over  the  institution  within 
her  own  borders,  but  has  carefully  avoided  any  interference  with  the 
right  of  other  states  to  regulate  their  internal  policy  in  their  own  way ; 
not  because  her  repugnance  to  human  bondage,  or  her  attachment  to 
the  principles  of  universal  freedom,  were  confined  to  the  limits  of  her 
own  jurisdiction ;  but  because  of  her  attachment  co  the  Union  of  the 
states,  and  because  of  her  solemn  regard  for  the  compact  into  which 
she  had  entered  with  those  states. 

"  But  while  she  has  scrupulously  abstained  from  all  interference  with 
the  internal  legislation  of  her  sister  states,  her  voice  has  been  fre 
quently  raised  in  behalf  of  human  freedom,  and  in  opposition  to  the 


VIEWS    ON    THE    SLAVERY    aUESTION.  823 

extension  of  slavery  beyond  the  limits  of  those  states  within  "which  it 
has  heretofore  been  sanctioned.  Her  expressions  on  this  point  have 
been  frequent  and  emphatic,  and  their  repetition  at  this  time  will  not 
be  unexpected.  *  *  *  * 

"  She  did  not  stop  to  consider  the  magnitude  or  the  frequency  of  the 
concessions  which  she  was  making,  and  the  merely  political  advantages 
which  she  was  voluntarily  relinquishing ;  nor  does  she  now  consider 
them.  But  she  does  stop  before  consenting  to  be  a  party  to  what  she 
deems  a  wrong,  and  such  she  considers  would  be  the  attempt  to  estab 
lish  slavery,  under  the  sanction,  or  with  the  assent  of  the  General 
Government,  within  any  portion  of  the  territories  of  the  United  States 
whence  it  is  now  legally  excluded.  *  *  *  * 

"  By  the  treaty  with  Mexico,  the  territories  of  New  Mexico  and  Cal 
ifornia  came  to  us  free ;  and  the  laws  of  Mexico  abolishing  slavery, 
which  were  in  force  at  the  time  of  the  cession,  continue  to  be  opera 
tive,  and  are  not  affected  by  any  transfer  of  sovereignty  over  the  ter 
ritory.  *  *  *  * 

"  Congress  cannot,  without  a  transgression  of  its  constitutional  pow 
ers,  establish  slavery  within  this  territory ;  nor  can  it,  without  the 
violation  of  the  principles  of  justice,  and  an  utter  disregard  of  the 
wishes  of  the  people,  and  of  the  protection  which  it  is  bound  to  extend 
over  the  territory  to  which  it  has  acquired  the  title,  refuse  admission 
to  the  new  state,  or  countenance  or  sanction  in  any  way,  the  introduc 
tion  of  slavery  within  the  territory.  And  without  the  sanction  and 
the  assent^  of  Congress,  these  newly  acquired  territories  are  secured  to 
freedom,  and  must  remain  as  they  now  are,  exempt  from  the  institution 
of  slavery. 

"  The  emphatic  voice  of  the  Legislature  of  the  state  of  New  York, 
expressed  in  the  resolutions  passed  at  their  last  two  sessions,  and  the 
nearly  unanimous  sentiment  of  the  people  of  our  state,  have  declared, 
that  under  no  circumstances  will  their  assent  be  given  to  the  extension 
of  slavery  into  these  territories,  from  which  it  is  now  excluded. 

"  New  York  loves  the  union  of  the  states.  She  will  not  contemplate 
the  possibility  of  its  dissolution  ;  and  sees  no  reason  to  calculate  the 
enormity  of  such  a  calamity. 


824  HAMILTON    FISH. 

"  She  also  loves  the  cause  of  Human  Freedom  ;  and  sees  no  reason 
to  abstain  from  an  avowal  of  her  attachment.  While,  therefore,  she 
holds  fast  to  the  one,  she  will  not  forsake  the  other." 

Among  the  recommendations  of  Governor  Fish 
which  deserve  to  be  noticed,  are  the  endowment  of  a 
state  agricultural  school,  and  a  school  for  instruction  in 
the  mechanic  arts — the  restoration  of  the  office  of 
county  superintendent  of  common  schools — the  revision 
and  alteration  of  the  laws  authorizing  taxes  and  assess 
ments  for  local  improvements — the  more  general  and 
equal  taxation  of  personal  property — the  establishment 
of  tribunals  of  conciliation  in  accordance  with  the  pro 
visions  of  the  constitution  of  1846 — and  the  modifica 
tion  of  the  criminal  code. 

Since  the  retirement  of  Governor  Pish  from  the 
executive  chair,  he  has  been  supported  by  the  whig? 
in  the  Legislature  as  their  candidate  for  senator  in 
Congress,  to  succeed  Daniel  S.  Dickinson.  He  was 
regularly  nominated  in  the  whig  caucus  by  a  large 
majority,  but  the  attempt  to  elect  him  in  the  Legisla 
ture  proved  ineffectual,  in  consequence  of  the  refusal 
of  some  of  the  national  whigs  to  vote  for  him,  though 
he  had  always  before  been  a  favorite  with  that  faction, 
unless  resolutions  were  first  adopted  approving  and 
endorsing  the  administration  of  Mr.  Fillmore.  No 
doubts  were  expressed,  that  he  would  not  sustain  the 
whig  president,  but  some  urged  as  an  objection  that  he 
had  not  committed  himself  against  Mr.  Seward  ;  and 


CONCLUSION.  825 

this,  probably,  was  the  cause  of  the  opposition  to  his 
election. 

It  is  difficult  to  describe  a  character,  like  that  of  Gov 
ernor  Fish,  possessing  no  salient  points,  but  presenting 
a  happy  admixture  of  all  good  qualities.  It  cannot  be 
doubted  that  he  cherishes  an  honorable  ambition,  and 
being  still  a  young  man,  his  character  and  career  are 
yet  to  be  fully  developed.  Extended  remarks  upon 
them  now  may,  therefore,  be  considered  premature ; 
and  the  following  extracts,  from  an  article  that  ap 
peared  in  a  New  York  paper  while  he  was  governor 
of  the  state,  and  evidently  the  production  of  a  friend 
and  admirer,  though  no  more  than  a  just  tribute  to  the 
man,  will  not  inappropriately  conclude  this  memoir : 

"  As  a  politician,  he  is  ranked  with  the  whigs  ;  and, 
whilst  he  maintains  the  principles  of  his  party,  he 
zealously  endeavors  to  promote  the  best  welfare  of  the 
whole  people.  Governor  Fish  cannot  be  regarded  as 
an  ultra  or  despotic  partisan.  Indeed,  all  of  his  official 
acts  have  thus  far  been  distinguished  by  moderation — 
by  a  fixed  determination  to  extend  equal  benefits  to 
all,  and  achieve,  if  possible,  the  greatest  good  of  the 
greatest  number.  Since  he  has  been  in  office  he  has 
evidently  studied  to  abate  the  evils  that  are  too  com 
monly  engendered  by  cliques,  and  cabals  ;  and,  if  he 
shall  succeed  in  this,  he  will  have  restored  the  local 
government  of  New  York  and  the  institutions  of  the 
state  to  their  pristine  purity.  *  *  *  His  personal 
appearance  is  imposing  and  manly :  he  possesses,  in 
35* 


826  HAMILTON    FISH. 

an  eminent  degree,  all  the  graces  of  a  finished  and 
highly-educated  gentleman,  and  no  man  has  ever 
flourished  in  our  local  state  affairs,  who  has  been 
better  calculated  to  secure  universal  personal  popu 
larity." 


THE    END. 


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LIBRARY,  UNIVERSITY  OF  CALIFORNIA,  DAVIS 

Book  Slip-50m-12,'64(F772s4)458 


344954 


Jenkins 9  J.S. 

Lives  of  the 
governors  of  the 
state  of  New  York 


F118 
J52 


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